Securities Insider Dealing Crime

Since the 1980s in China securities market recovery, rapid development, since the securities market anomalies prosperity. With this flourishing, stock crime also consequential, especially with the most prominent insider trading crime. In China, the legislation on insider dealing crime with western securities market developed countries' legislation, there are still some difference compared to judicial practice, some of the problems facing, cannot be solved. In view of this, this article analyses the research. Through the brief overview of securities insider dealing crime,the subject of crime should be natural person and unit , subjective aspects can be intentionally can also be negligent. "Inside information", the definition of "illegally gain", "the illegal gains" understanding, and "advice others engaged in these transactions activity" into the necessity of crime is expounded. According to our country's judicial practice, how to determine the crime of securities insider trading on guilt problems, the author puts forward that with the crime, switch to the view, the criminal policy of applying correct, look at the issue, will be less complicated. But the cognizance of crime number basically hold many securities insider trading behavior cognizance, the identification of the communications-related concurrence of for several crimes that these questions. Finally, according to the aforesaid securities insider trading crime legislation deficiency, from the subject of this crime, subjective aspect, criminal responsibility, foreign three aspects in China and Hong Kong and Taiwan region advanced legislation, proposed legislation perfect recommendations and revision opinion, make crime, look from legislation, more rigorous.