Studies On The Quitting Mechanism Of Securities Company

The securities company shall follow the market economy's competition rule of the superior winning and the inferior eliminating as it is the main participating body of capital market. The securities company's retreating from securities business is the necessary result of market competition because of its operation failure or its irregularity, which is in favor of the stabilization of capital market order and the improvement of social resource collocation efficiency, making for realizing the continuous development of capital market and exerting the regulation function of the market rule. However, Chinese government has gone through a lot of failure experience for solving the problem of the dangerous securities company.As early as 2002, some international authority institution's research indicates that the whole business of Chinese securities company has already bankrupted, but our government hasn't established the securities company's quitting mechanism because of many considerations, adopted the settlement of increasing capital and enlarging stock for the dangerous securities company. The implement of the amended security law on January 1st.2006 makes the securities company's quitting modes legal that are used in practice, but many clauses in this code are only simple and cursory, it is necessary to establish the relevant regulations for supervising the securities company's quitting. The amending and implementing indicate the decision that the securities supervising authorities must supervise and manage the securities business, so it is very important to regulate the securities company's quitting from securities business.The text adopts the logic framework from generalization to materialization, uses the study method of comparative law, refers to the successful foreign legislation experiences and theories, to analyze the domestic establishment of the securities company's quitting regulations on the base of legal theory, to discuss the domestic quitting mode of the securities company, the only purpose of these jobs is to consummate the risk preventing jurisprudence of the securities business, and offer some theory reference for the lawmaking and practice of the securities company's quitting.