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Research On The Crime Of Rigging Trade Prices Of Securities

Posted on:2005-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:L YuFull Text:PDF
GTID:2156360125456360Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The securities market provides the capital owners with high efficient investment sites on the one hand and provides the capital users with high efficient financing sites through establishing direct channels between investors and fincing persons in the social financial system , which has become the core of the modern capital market and brought about three dynamic functions, four static functions of the securities market. However, the realization of the functions is not conditional ,which should be based on the fair competition order of the securities market .It will mislead the floating direction of the social capital and make the security value seriousely depart from the price , it the manipulators use the principle of the relation of supply and demand and the relation of security price ,artificially influence the supply and demand relation of come securities as possible ,induce others to join the security exchange and artificially distort the normal market price. The action of rigging trading prices of securities departs from the initial objective of establishing securities market to raise fund and optimize resource allocation ,undermine the fair competition order and seriously violate the principle of openness ,fairness and impartiality .As a result ,whatever the developed securities market countries or the newly securities market countries or regions ,all take the action of rigging trading prices of securities as the key to crake down and punish the crime in the securities market. Although the securities market started not long ago ,the action of rigging trading prices of securities is frequent and serious. The rampancy of the rigging trading prices of securities is accompanied with the lag of the crime of rigging trade prices of securities as the object and emphatically elaborators the primary characteristics and the finding issue of the crime .on the of clarifying the related basic concepts and making a further analysis of the crime ,meanwhile ,it emphatically elaborates the characteristics of the crime in the securities market in China, taking the typical cases as the sample .Finally, it puts forward specific policy suggestions on early supervision of rigging trading prices of securities in securities market in China ,taking the sampleinvestigations on Shenzhen Securities Market from 1998 to 2000 as the positive basis .Specifically ,the thesis develops in five parts: I securities, securities market and stock exchange mechanism. The subpart firstly clarities the three primary issues of securities, securities market and trading prices of stock exchange, which is the logical starting point of the thesis. II Study on the action of rigging trading prices of securities. The subpart starts with the cause ,primary action modes and the harm of securities, then discusses the actions of rigging trading prices of securities.III The current legislative situation of the crime of rigging trading prices of securities. The subpart suggests the legislative of the crime of rigging trading prices of securities in China through comparing and analyzing the current legislative situation of the crime in the U.S., Japan etc and China. IV The primary characteristics and the finding of the crime. The subpart compares the crime of rigging trading prices of securities with guiltlessness and other crime or the basis of analyzing object characteristics. V The positive study on the crime of rigging trading prices of securities and suggestion . Due to the crime is confined to theoretic study and ex post facto study ,which is lack of positive analysis on the phenomenon of rigging trading prices of securities. Thus, it takes on a positive study of the crime of after analyzing the relative cases. Lastly, provides the legislative suggestion on crime of rigging trading prices securities.
Keywords/Search Tags:Crime of rigging trade prices of securities, Policy suggestion, Realistic analyze
PDF Full Text Request
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