On Securities Civil Liability System Design,

There is only principle security's civil liability regulation in our country's law in-force ;each country's security market is a natural evolution process ,and the evolution of security's civil liability is based on the situation of each country ,which under the regulation along with the development .Basing on the conflict of the constructive rationalism and the evolutionary rationalism ,the latter emphasizes the evolution . No matter in the common law system or the civil law system ,the benefit judging is the core of evolution mechanism . When benefit judging ,we should stress the analysis of construction and level ,and the security law should embody mainly the private law . To design our country's security's civil liability system . we should deserve the history method ,study the regulation of the beginning of the common law system and the civil law system's security market. Basing on the balance between the free competition and order,with no doubt,the decrease of holthng of the state owned share is the center of the problem ,and we should go to study the lesson of the free competition to strictly control the construction elements of the security's civil liability .