On The Types And Characteristics Of Securities Crimes In China's Securities Market

The securities market is an important component of the financial market system, which promotes the optimal distribution of resources, promotes the growth of economics. China's securities market is in a stage of development and improvement, is an important part of China's socialist market economy. The purpose of this dissertation is to expound the types and characteristics of securities crime in current China's securities market, probe into the causes of the crime of securities from an economic perspective, and then put forward relevant countermeasures and suggestions to ensure a healthy and orderly development of the securities market.The first chapter is the introduction. We mainly expound the background and significance of the topic; summarize the research on the crime of securities; clarify the idea of writing this dissertation, and the methods; finally illustrate the framework of the dissertation.The second chapter is the definition of securities crimes. First , we make clear the definition of securities and securities market. Then we form the definition of the securities crime in both broad and narrow senses, which will be expressed as: securities crime refers to the activities such that the securities issuers, stock investors, securities market intermediaries, the self-regulatory organizations and agencies, as well as employees of securities, in violation of securities laws and regulations, engaging in securities issuing, trading, management and services and other related activities, having seriously undermined the normal management order of the securities market, against the legitimate rights and interests of investors, which should be punished by the penalty. Finally we point out the four important elements of securities crime: the object of the securities crime, the objective aspects of securities crime, the subject of securities crime and subjective aspects of securities crime, which is specific standard to distinguish between criminal and innocent and is an important means in the research of securities crime.The third chapter is the types and characteristics of securities crime in China's securities market. First, according to relevant regulations in China's "Criminal Law" for the securities crime, we expound that the typical types of securities crime are: the crime of stocks, bonds issuing fraud, the crime of disclosure in violation, non-disclosure of important information, the crime of breach of trust damaging the interests of listed companies, the crime of issuing stocks, company or corporate bonds without authorization, the crime of insider trading, leaking insider information, the crime of fabricating and disseminating false securities exchange information, the crime of luring investors to buy or sell securities, the crime of securities market manipulation, the crime of breach of trust to use the trust property, the crime of illegal use of funds, the crime of illegal business, and so on, and we combine with analysis of some of the typical securities criminal case, On this basis, we analyze the characteristics of China's securities crime, which mainly include: specialization, indirect, strongly hidden of the crime means; the number of crimes being large, the rate of recidivism being high; a variety of crime-cutting, units and common crimes being outstanding; illegal securities activities being rampant, the use of computer networks doing illegal securities business; amounts of money involved being large, the victims being numerous, the social harm being great.Chapterâ…£is cost-benefit analysis of the reasons for the securities crime. From an economic point of view, the perpetrators of crime will be viewed as rational economic man, whose causes of crime is that the expected income can be far greater than the cost, and the cause of this result rooted in the characteristics of securities crime, as well as punishment for the securities crime is not enough.Chapterâ…¤is the suggestions. According to the securities crime costs and benefits analysis, we can analyze crime prevention through three aspects: reducing the gains of securities crime; raising the cost of securities crime to be committed, that is subject to raise the strength of criminal penalties for securities crime; raise the probability of punishment of securities crime. Concrete recommendations are improving the legal system so that there are laws to obey, and one must obey the existing laws; making full and good use of laws, cracking down on securities crime; convicting of serious penalties for serious crimes to avoid a lenient sentence; enhancing investor education, and strengthening risk awareness, improving the investigation vigor of the securities crimes to be dealt with.Chapterâ…¥is the conclusion and the problems that should be further examined.