论文部分内容阅读
一、以法制管理为基础,构建系统的证券市场监管体系目前,我国已经制定了不少证券市场管理法规,但就法律层次而言,均为行政立法,并多为部门与地方行政立法,证券管理法规存在着差异与不一致,影响着证券市场的统一监管,而作为证券市场管理的根本大法——《证券法》因种种原因,易数稿仍未出台。影响我国《证券法》出台的主要原因是我国股份制度尚处于股份制试点阶段,证券市场尚未健全,在此背景下,仍要对股票发行与上市进行控制,并以必要的行政手段,对发行股票的企业进行审查;而在证券立法上,应以“先试点后推广”的原则,即先行政立法,通过试点,总结经验再上
I. Building a Systematic Stock Market Supervision System Based on Legal Management At present, our country has formulated many securities market management laws and regulations. However, in terms of legal hierarchy, both are administrative and legislative, and are mostly administrative and legislative departments of the government and local governments There are differences and inconsistencies in management regulations, affecting the unified supervision of the securities market. As the fundamental law of securities market management, the Securities Law has not been promulgated for various reasons. The main reason that affects the promulgation of “Securities Law” in our country is that the stock system of our country is still in the pilot phase of joint-stock system, and the securities market is not yet perfect. Under this background, we still need to control the issuance and listing of shares. With the necessary administrative measures, Of the enterprises to review; and in the securities legislation, should be “the first pilot after the promotion ” principle that the first administrative legislation, through the pilot, summarize the experience and then