论文部分内容阅读
证券权利变动规则关乎投资者的基本财产权利。从比较法的角度考察,由于不同国家对证券法律性质的认识不同,证券权利变动所适用的规则也不同,进而为证券权利变动提供服务的基础设施也不相同。我国自证券交易所建立之初,就迅速地过渡到全面的无纸化证券交易,但法律制度层面尚未能建立一套无纸化证券权利变动的规则。我国下一步制定相关制度,在借鉴境外发达市场相关制度的同时,也需要厘清相关概念,科学理性地设计无纸化证券权利变动的规则。
The rules of securities rights change relate to investors’ basic property rights. From the perspective of comparative law, due to the different understanding of the legal nature of securities in different countries, the rules applicable to the changes of securities rights are also different, and the infrastructures that provide services for securities rights changes are also different. Since the beginning of the establishment of the stock exchange in our country, the transition to a comprehensive paperless securities trading has rapidly taken place. However, the legal system has not been able to establish a set of rules for the change of the rights of paperless securities. The next step in the development of relevant systems in our country, drawing on relevant systems in developed markets, but also need to clarify the relevant concepts, scientific and rational design of changes in the rights of paperless securities rules.