Several Issues On Stock Inside Dealing Crime

Stock market, especially the stock price index is the barometer of the national economy condition, as well as an important target that reflects and predicts the national economy development level. Therefore, the norm of the stock market has very important meaning to the healthy development of national economy. But, the criminal conduct of stock inside trading as the most serious stock defrauding behavior , has violated the value foundation of the stock market establishment ,disturbed the normal order of the stock market ,violated the benefits of the investors .It has become the malignant tumour that has to be uprooted from the stock market . 'Several Issues on Stock Inside Dealing Crime 'consists of 3 parts: preface, the main text and conclusion. The main text is divided into five parts. This thesis taking Marxist law theory as the guidance ,using the principle of criminal law discipline ,starting from general theoretical problem of the crime of the stock inside dealing and has a deep analysis concerning with the constitution of crime ,the differences between crime and no-crime, crime and crime, the crime conformation. It reveals the basic characteristics and the judicial standards of the inside dealing crime, in order to provide a feasible way to help stock market to return to the healthy development in our country . Chapter One, the author introduces the general theories about the crime of stock inside dealing. If we want to analyze the relevant problem of the crime and put forward the homologous standpoint, we have a deep understanding of the crime behavior. First , the author takes the definition of such kind of crime as starting point , proposes that we can understand the definition from four aspects : the subject ,the object ,the objective conduct and the social peril it brings .Second ,more efforts are put on the social harm ,the author thinks that the harm can be reflected as followings . 1. it violates the benefits and confidence of investors ; 2. it harms the issuing company ; 3. it breaks the fair principle of the stock market ; 4. it influences the operating efficiency of the stock market . Chapter Two , the author discusses the problem of defining the three factors of inside information .Firstly ,through the comparative study on the security law and practice of the USA and our country ,the author proposes his own opinion about the "unpublicity"criteria .we should refer to the American law ,not only in the form ,but also the substantive one ,that is to say we should judge the standard according to whether the information have been digested by the market or not .Secondly, the author discusses the "importance "of the inside information. After the analyses of the foreign laws and practice ,the author suggests that when we judge the "importance "of the inside information ,we should adopt the subjective rationale ,that is to say the information may bring about grave influence on the stock market price ,meanwhile we should consider the price fluctuation as well as the American "rational person "standard . Thirdly, the author studies the problem of the "relevancy "of the inside information. According to the laws of our country , we should add the information which comes from outside of the company as the inside information ,which seems good to our country in the period of economic transformation .In addition , combine the provisions of the foreign laws ,the author proposes the "accuracy "standard which helps us to classify the crime and no crime and different crimes . Chapter Three, the author studies the subject of the stock inside dealing crime .After explicit introduction of the American experience ,the author classifies the natural subject of stock inside dealing into three kinds :the company insider ,the predicted insider ,and the person who obtains the inside information with illegal means.Combining the security law of our country ,the author puts forward his own understanding about the subject of this crime .All the higher administrative personnels, the local government which performs the duty of administration and the personnels of the relevantadministration department should be included in the sphere of subjects. Meanwhile the author argues that the persons who serve in the issuing corporations or have business relations with the issuing corporation should be broadened, not only limited to the kinds of persons which are listed in the Securities Law. Chapter Four, the author studies the forms of inside dealing conduct . At first ,the conduct of the insider selling stocks with the use of inside information is analyzed .The author discusses the problem whether the using inside information is the condition of the inside dealing ,that is that it's better for our country to combine with the advantages of the subjective and objective. It regulates that as long as some person performs the stock trading based on the inside information ,he is presumed to have committed the inside dealing crime . But he is allowed to put the opposite evidence to prove his innocence .Here the principle of constructive fault is adopted. Secondly ,conduct of disclosing inside information is analyzed, The author proposes that it isn't the prerequisite for the persons who acquire information to perform the related securities trade ,if they are to be carried out the legal responsibilities . Beside this the author proposes that if the insider suggest others to buy stocks based on the inside information ,this kind of conduct should be regulated as crime in our criminal code ,Because it disturbs the stock market order ,Share the same social harm with conduct of disclosing inside information ,harm the legal benefits of stock investors . Chapter Five, the author studies the judicial holding of the stock inside dealing crime, then gives some suggestions for the legislative work .At first ,the author raises his own views regarding the recognition between different crimes ,crime and no crime ,elaborates the possible from of the inside dealing .Secondly based on the relevant provisions of the criminal code and security law ,the author gives the following legislative suggestions : Firstly, the causes for exemptions should be added in our criminal code ; Secondly, The prohibition of occupation and dissolution of legal entity as the...