Criminal Regulation Of Futures Trading

Futures trading has the highest risk among all the transactions so far. Regulating futures trading by law is the effective way to control futures risk. This thesis is a thorough study of criminal regulation of futures trading.The first chapter is an analysis of the economics and legal concept of futures trading and a narrative of civil,administrative and criminal regulation,their inter-relationship as well.The second chapter proves the necessity of implementing the power of punishment into futures trading,and puts forward three principles of the power of punishment into futures trading:principle of the last coercion,principle of necessity and principle of moderate degree.The third chapter is a deep analysis of concept of crime in impairing futures trading order and its constitutive elements. Legislate concept,judicature concept and the definite extension of futures crime are also given.The fourth chapter is an analysis of two typical crimes:crime of inside trading about futures and divulging inside futures information and crime of manipulating prices of futures trading by their composition of crime,stages of commission of crime and law application.The fifth chapter is a tentative theory of reestablishing our criminal law of futures according to overseas legislative practice of futures crime. As legislative mode is concerned,futures crime should be stipulated in Future Law;For criminal system ,it is necessary to consider two additional crimes:crime of overdraft transaction of futures and crime of offsetting privately futures contracts;crime ofillegally exercising futures trading and crime of misappropriating margin deposit should be established singly;Crime of inveigling investors to buy or sell futures contracts should be divided into two crime of fraudulent representation about futures information and crime of fraud in futures transaction. So for as criminal punishment is concerned,we should narrow the range of punishment of every crime and add new kinds of punishment against qualifications.