Study On Insider Trading And Information Leak's Individual Case

With the developing of the securities market in endless, following with futures trading, insider dealing and leakage of inside information crime threatens seriously on the securities market's healthy and orderly operation. Therefore, countries legislate against it, and show the aggravation on the punishment. In our country,"Criminal law"and"Securities Act"and other administrative regulations and rules are carried out against the insider trading, disclosure of inside information. Compared with foreign, China's laws on insider dealing and leakage of inside information crime's provisions are roughly, there are many divergences in both theory and application on this crime; furthermore, it belongs to economic crime areas which are more professional and complex that make toughly to use. Based on the description as former, the paper take the"Hang Xiao Gang Gou An"as the starting, and trying to comprehensive and systematic study of insider trading, the crime of leaking inside information, which in order to be helpful to further improve the legislation. Furthermore, this paper is divided into six parts.It will be introduced the situation the case and would be announced the hot spot of disputes in first part. The detail is described as follow: When the insider information came from; the definition of the insider information; the definition of the subject of the crime.In the Second part we will narrative the definition of insider trading and leakage of inside information and the laws, and focus on the characters of insider information; at the end of this part, we will solve the problems associated with the case.The third part explores the subject of this crime, including the determination of "insider information in the insider" and "illegally gains insider information insiders".The fourth part study on the objective aspects of insider trading, disclosure of the crime of insider information, and research on the disputes which are whether the crime of insider trading in order to "use" insider information requirements and how to set up the exact definition of "serious ", and is made as reference standards.The fifth part analyze on the disputed issue of the case with the subjective aspects of insider trading, disclosure of crime of insider information.The last part will summarize the paper, and supply some proposed on the modification of insider dealing and leakage of inside information crime.