本文初步探讨了雇员执行职务中实施证券违法引致的证券机构行政法律责任。基于对我国立法与司法现实与前景的考察,以及对成熟资本市场法域主要是美国证券立法、执法与判例的观察,本文提出,应当按照行政处罚上的“自己责任”、“过罚相当”原则,不枉不纵,本着既制裁、遏制、防范证券机构及其雇员违法行为又不至于给其良性发展带来太大冲击的宗旨,在一定条件下,综合案件具体情况,将雇员证券违法直接归为证券机构单位违法;其他多数情况中,在认定为雇员个人证券违法的前提下,从“选任失察、监督失败、内控失灵”上追究证券机构的行政法律责任,督促其积极、持续地健全相关防范制度与机制,应在修改《证券法》、《证券公司监督管理条例》等法律法规时,明确规定证券机构对雇员违法行为的监督义务与行政法律责任。 This article initially explores the administrative legal responsibility of securities institutions caused by the implementation of securities law by employees in performing their duties. Based on the investigation of the reality and prospect of our country’s legislation and judicature, as well as the observation that the law of mature capital market is mainly the legislation, enforcement and precedent of the securities in the United States, this paper proposes that we should punish the “self-responsibility” and “penalty” The principle of “considerable”, not only in line with the principle of sanctioning, deterring and preventing the illegal acts of securities institutions and their employees, but not giving too much impact on their benign development, under certain conditions, the specific circumstances of the case, In most other cases, on the premise that the personal securities of employees are found to be unlawful, the administrative legal responsibility of the securities institutions shall be investigated from the perspective of “oversight, supervision failure and failure of internal control” Urge them to actively and continuously improve the relevant prevention system and mechanism, and clearly stipulate the supervision obligations and administrative legal liabilities of the securities institutions to employees’ violations when amending the laws and regulations such as the Securities Law and the Securities Company Supervision and Management Rules.