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我国证券市场在多年发展中,过分强调融资和为国企解困,而忽视市场规范化建设,导致屡屡发生内幕交易等欺诈侵权行为。有的虽受到刑事和行政处罚,但由于民事责任机制的缺位,使投资人的财产损失难以通过民事诉讼途径获得赔偿,严重侵犯了投资人的合法权益,为了保护投资者的合法权益,维护证券市场的健康发展,建立证券民事诉讼与赔偿机制迫在眉睫。论文试图从证券民事责任特征、功能、发展状况和世界部分国家和地区证券交易民事责任立法等方面入手,围绕民事诉讼程序及民事侵权补偿等方面,做一些研究与分析,作为对完善我国证券法制建设的一点建议。
In the course of many years of development, the stock market in our country overemphasizes financing and solving difficulties for the state-owned enterprises, neglects the standardization of the market and leads to the repeated violations of insider trading and other frauds and infringements. Although some are subject to criminal and administrative punishments, due to the absence of civil liability mechanisms, it is difficult for investors to obtain compensation for property losses through civil litigation, which seriously infringes upon the legitimate rights and interests of investors. In order to protect the legitimate rights and interests of investors, The healthy development of the securities market, the establishment of securities civil litigation and compensation mechanism is imminent. The dissertation attempts to do some research and analysis from the aspects of the characteristics, functions and development of securities’ civil liability and the legislation of civil liability for securities transactions in some countries and regions in the world. The paper tries to do some research and analysis on the civil procedure and compensation of civil infringement, Some suggestions for construction.