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资本市场参与主体的伦理性规则基于一个牢固的动机基础,即一个对道德关怀与和谐共存不高度重视的资本市场法律制度最终将会使资本市场以及整个社会遭受严重损失。法律面对处于危机的人类伦理文化不能不积极拯救。资本市场的参与主体主要由公司(主要是上市公司)、金融消费者、金融服务业、监管部门四类主体构成。在共生共存的资本市场中,各主体不仅需要从自身利益出发,充分发挥各自的潜能,活跃市场的整体功能,更需要在较高的伦理道德基础上秉承公平、正义、诚信、善良等伦理原则,顾及到其他主体的利益以及整个市场的健康有序发展。建议我国证券法制应明确金融消费者的信息权;引入金融契约法理;强化上市公司受托责任;重视伦理投资产品的开发;加快中国证券市场的政府监管由“自利性监管”到“中性监管”转变进程。
The ethical rules governing capital market participants are based on a solid foundation of motivation: a capital market legal system that lacks emphasis on ethical care and harmonious co-existence will ultimately cause severe losses to the capital markets and society as a whole. The law can not but save actively in the face of human ethical culture in crisis. The main participants in the capital market are mainly composed of four main types of companies (mainly listed companies), financial consumers, financial services and regulatory agencies. In the symbiotic co-existence capital market, each subject not only needs to proceed from its own interests, give full play to their respective potentials and activate the overall function of the market, but also need to uphold ethical principles of fairness, justice, honesty and goodness on the basis of higher ethics , Taking into account the interests of other subjects as well as the healthy and orderly development of the entire market. It is suggested that China’s securities law should clarify the information right of financial consumers, introduce the law of financial contract, strengthen the fiduciary responsibility of listed companies, pay attention to the development of ethical investment products, speed up the government supervision of China’s securities market from “self-interest regulation” to “ Neutral regulatory ”change process.