近期我国基金“老鼠仓”案件频发,不仅造成了广大基民的损失,也破坏了证券市场的稳健运行。美国治理“老鼠仓”的经验,引发我国基民维权在行为定性、责任归属和维权方式方面的诸多问题,相关立法和司法解释亟待完善。 Recently, the frequent cases of fund “rat warehouse” in our country not only caused the loss of the broad masses of people but also undermined the steady operation of the stock market. The experience of the United States in governing the “rat warehouse” has triggered many problems in the behavior definition, responsibility attribution and ways of safeguarding the rights and interests of our country’s basic citizens. Relevant legislative and judicial interpretations need to be perfected.