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新世纪以来,我国证券违法犯罪行为发生了翻天覆地的变化,操纵市场、透支挪用类案例减少,信息披露违法和内幕交易类案例上升,并出现新的证券违法类型。我国《证券法》目前用17%左右的篇幅规制占整个证券市场上80.66%的滥用信息优势类违法行为,显然是比例失调。在证券监管由实质监管转向形式监管的背景下,我国应以精细化、精确化乃至数字量化的立法语言,大幅度地增加信息类条文在《证券法》中的数量和字数。
Since the beginning of the new century, there has been a tremendous change in the criminal activities in our country. Cases of market manipulation, overdraft and diversion are reduced, cases of illegal information disclosure and insider trading are rising, and new types of securities illegalities are emerging. At present, the “Securities Law” of our country regulates 80.66% abuse of information superiority class illegal acts in the entire securities market with a space of about 17%, which is obviously the imbalance in proportion. Against the background of the regulatory supervision of securities from substantive regulation to formal regulation, our country should greatly increase the quantity and the number of information clauses in the Securities Law with the refined, precise and even digitized legislative language.