On The Legislative Consummation Of The Securities Crimes In China

By the end of the twentieth century, Chinese securities market has made considerable progress in terms of the quantity and trading scale of publ ic companies. With the quick development of the securities market, a new type of crimes梥ecurities crimes appeared. These crimes have done a great harm to the society in China since they occurred. They have greatly hit the holder's confidence in the securities market, and jeopardized the efficiency of resource distribution in the securities market. Though there are some articles of the securities crimes in the criminal code, there are some defects. More specifically, the defects have become more obvious after the securities law became into effect. So we must consummate the legislation on the securities crimes. Based on the analysis of some basic theory of the securities crimes, the thesis evaluates the legislation on the securities crimes in China. Then the author gave some suggestion about the criminal legislation on the securities crimes in China.This thesis is composed of three parts with 36000 words approximately.Part one briefly introduces the concept of securities and its characteristics, the concept of the securities market and its functions, the concept of the securities crimes and the basic theory of them, such as the basic characteristics, the classification and the conviction of the securities crimes. The purpose of this part is to make others understand some knowledge about the securities crimes.Part two evaluates the legislation on the securities crimes in China. In this part, the author firstly introduced the securities crime's historical evolution of the foreign countries, Hongkong, Taiwan andMacao. Then the author inquired into the securities crime's historical evolvement in China. And then the author compared the legislation on securities crimes between the criminal code and the securities law. The author believes that the legislation on securities crimes of the securities law is more scientific and reasonable than the legislation on securities crimes of the criminal code. For example, the offence of the securities crimes in the securities law is more than that in the criminal code, and the count of the securities crimes in the securities law is more rational than that in the criminal code. In order to reduce the contradiction between the criminal code and the securities law and control the securities crimes effectively, we must consummate the criminal code.Part three gives some suggestion about the consummation of the legislation on securities crimes. After mentioning the principle of the legislation on securities crimes, the author referred the securities crimes legislative model in the western countries. The author suggested we should adopt the moderate legislative model. And the criminal code should add up scientific and rational articles of securities crimes, revise some articles' count, and coordinate the contents of the articles between the criminal code and the securities law. At last the author suggested we should revise the criminal responsibilities of the securities crimes. The author thought such penalties as death penalty, life imprisonment, deprivation of political rights, confiscation of property, and public surveillance shouldn't be applicable. We should add up these ways of criminal responsibilities such as qualification penalties, prohibition of special professions and disintegrating corporation. We should put emphasis on the punishment of the securities crimes committed by a unit, raise the position of fine in the penalty system, and consummate the civil responsibilities of the securities crimes.