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Study Of Crime Of Manipulating The Security Market.

Posted on:2007-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:P ChengFull Text:PDF
Abstract/Summary:PDF Full Text Request
Since the re-establishment of the Chinese security market in 1990s , it has developed and played an important role in the system of national economy. At the same time, Chinese security market is an emerging market, the system was flawed, the regulatory environment was relatively lax. The security market need further improve. These realities facilitated various securities crimes and the behavior of manipulated the price of securities trading has became more conspicuous. Manipulation undermines the free and fair competition order and increased the volatility of economic operation. Chinese criminal law has special provisions about this, it is "crime of manipulating the security market." But for this crimes involving many financial and technical information, it was hard to get evidence , so the theoretical study and judicial practice about this kind of crime is very difficult. Based on complexion of this, the article attempts to study this crime with theoretically and practically, and presented my views about this crime. The article is consiste of four chapters.Chapter 1 The outline of crime of manipulating the security market. The author will discuss the concept ,the legal basis of the crime, and the legislative practice in the world. In this chapter, the author provides the details about the legislative situation of this crime in the United States, Japan, the EU,Hong Kong and Taiwan regions . We should learn from their experience .Chapter 2 The constitution of the crime of manipulating the security market. It is main body of the article. This chapter discuss the composition of this crime from both theory and practice and trying to clarify some ambiguous views. The author proposed to amend the "gain improper benefits or transferred risk", analysised the joint and continuous trading, wash sales, matched orders,etc.
Keywords/Search Tags:Security transactions, Manipulation, Constitution of the crime, The burden of proof
PDF Full Text Request
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