2019年中国证券市场法治尤以《证券法》修订通过为重要大事,本次修订删除已实施多年的证券发行核准制而全面采用注册制、加大投资者保护和违法行为惩处力度以及构建证券代表人诉讼制度等,相关制度进步可圈可点,但也留有些许遗憾。科创板实践给中国证券市场发展与法治实践增添了重要样本,不仅考验整个市场环境,也在相当程度上对风险防范、投资者保护等提出更多挑战与命题。随着中国证券市场法律文本修订落地与证券法治实践的双重推进,借由法治助力,中国证券市场将如何发展,则成为举世瞩目的资本市场“制度试验田”,也必将在法律文本与法律实施的互动之中,寻找市场规律与法治规律的关键点与平衡点。
<<The adoption of the revised Securities Law was a major event in the development of the rule of law in the securities market China in 2019. The revision of the law had taken nearly five years,in which a total of four deliberation drafts had been put forward. The whole revision process had been accompanied by twists and turns in the development of the securities market in China. The revised law abolishes at the level of legal text the system of examination and approval of the issuance of securities and replaces it with a registration system,strengthens the protection of investors and the punishment of violations,and establishes the securities representative litigation system. As such,it embodies many commendable progresses in the reform of the relevant institutions while at the same time also leaves some regrets. The practice of science and technology innovation board has provided an important sample of the development and the rule of law practice of the Chinese securities market,not only testing the entire market environment,but also posing more challenges to the risk prevention and investors protection system. With the adoption of the revised Securities Law and the advancement of the rule of law practice in the securities market,the development of the securities market will become an “institutional test field” of the capital market that captures the attention of the world and China will be able to find the key point and a balance point between the law of the market and the rule of law in the interaction between legal texts and their implementation.
<<Keywords: | Securities LawScience and Technology Innovation BoardDefinition of SecuritiesSecurities Representative Litigation System |