Research On Criminal Responsibility Of Securities Inside Dealing

Insider dealing is the most general illegal criminal action in the securitiesmarketplace, it is a vase throat that prevents securities marketplace from developing.Inside story personnel staff or other else capturing inside message utilize suchinformation resource preponderance to carry on not the equity negotiable securitiesdeal against ordinary investor. This not only directly damages the faith of investmentperson but also infringes the corporation legitimate rights and interests, infringes theregular administration of negotiable securities marketplace, effects gravely themarketplace stability. Although China Securities Supervision Commission is able toadjust executes with the severe administration punishment, yet the inside trading isforbid without end repeatedly. The control system to the inside dealing also isobvious defect. Hence, it is indispensable that inquires some actual problems ofinside dealing through criminal responsibility. Criminal law controlling system of securities inside dealing possess suchsubstantial theory base. Inside dealing action should be promoted or banned? All thetime, there is debate between control and non-control. Yet the branch is rolled overthrough economity and law, inside dealing not only is more disadvantageous thanadvantage in the economic system, but also conflicts with impartial value in thecommunity evaluates. Inside dealing is banned by law and such value not merelyexpresses to the punishment of person being illegal, but also expresses to the supportto the common people's faith, and to protect impartial sequence of the securitiesmarketplace. Publishing or admonishing theory. revealing message theory andutilizing with private the internal information theory are statue norm and statue ruleof inside dealing statue responsibility. Relevant securities inside dealing of ourcountry statue system a lot of respect mixed together the essence that talked about inpreceding three theories. Yet, it is pitiful that statue position of utilizing with privatethe internal information theory is not established. However, it belongs to a kind ofdeductive cheat and should be banned by the statue. Hence, it is reasonable that thistheory is drawn in controlling inside deal system. Moreover, the external anddomestic criminal statue system of relevant securities inside deal supplied theexperience that may be drawn lessons from in the interest of continuously improvinginside deal criminal legislation.The securities inside deal is committed a crime and the exact limit is the keythat the judicature is firmly believed stably. As far as the criminal main part of insidedeal, it made a breakthrough traditionous "The particular main part theory" andadvocated "The ordinary main part theory". Although personnel staff implement forthe inside deal are the most part, yet in the actuality, there are many non-inside storypersonnel staff by means of some methods obtaining inside message and carrying onthe inside deal action on the basis of that message. Because of enlargement of crimemain part limits, the two types of main part partitioning originally seemundistributed. Third type of main part should be added "securities inside messagepersonnel staff by means of else methods". Constituting a subjective respect of crimecan only be willfully. The error can not constitute crime. As to action man has or notto seek the benefit or averts the loss, it is not at all significant. Whether seeking theillegal benefit is not important condition of subjective respect of crime. Inside dealcrime infringes three Yuan objects. It not only infringes the regular administrationsequence of securities market but also infringes the legitimate rights and interests ofinvestment person, at the same time still infringes the corporation benefit. Thecriminal objective respect is objectively externally expressing of criminal maneuver.The currently in effect criminal law is merely regulated two kinds of deal forms thatthe action man uses...