论文部分内容阅读
融资融券是证券市场的一项重要基础性制度。我国现有的融资融券法律制度监管色彩浓厚,但融资融券本质上是证券公司和投资者在平等有偿基础上的债与合同关系。由于其法律调整的分散性,其民商属性很容易被忽视。本文认为,融资融券基于合同关系展开,合同内容反映了国家强行规制的要求,是有名合同、混合合同、诺成合同、附合合同、继续性合同、双务合同。重视融资融券合同的民商法属性,有利于更清晰地明确证券公司与投资者的民事法律地位。
Margin financing is an important foundation of the securities market. The existing legal system of margin financing and securities lending in our country is under intense supervision. However, the margin financing and securities lending is essentially a bond and contractual relationship between securities companies and investors on equal and compensatory basis. Due to the decentralization of its legal regulation, its civil and commercial attributes can easily be overlooked. This paper argues that the margin financing and securities lending is based on the contractual relationship, which reflects the requirements of the state compulsory regulation. It is a famous contract, a hybrid contract, a promise contract, an attachment contract, a renewal contract and a dual service contract. Paying attention to the civil and commercial law attributes of margin financing and securities lending contracts will help clarify the civil legal status of securities companies and investors more clearly.