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On Insider Trading In And Law Regulations On Stock Exchange Market In China

Posted on:2011-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:H C NingFull Text:PDF
GTID:2166360305968236Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In this paper, the study conducted. Insider Trading and Law Regulations on Stock Exchange Market in China The purpose is to improve the regulatory system of insider trading laws, enhance the prevention and control capacity of insider trading, to protect the legitimate rights and interests of investors in general stock market, to promote the healthy development of securities market and the national economy, function of optimize resource allocation. On the basis of theoretical arguments and a brief introduction of representative national insider trading legislation, defined the concept of insider trading by analyzing their common understanding. Identification of elements of insider trading mainly analyzes the insider trading of the main, Inside Information and Insider transactions. By analyzing the dangers of insider trading, the theoretical Whether or not insider trading regulation and their theoretical analysis, to clarify the need for the law on insider transactions. The paper laid the theoretical foundation for the above-mentioned by defining the concept of insider trading, Identified regulatory elements and the need for analysis of the law.Only Origin can find this put forward a more targeted response to a fundamental problem-solving, so paper focuses on analysis of insider trading resulting from the social causes and the system root. The former mainly discussed in detail from the social groups, family, social class, socio-cultural and sub-cultural and psychological factors, carried out a brief analysis of the four parts included national legislation, regulatory agencies, departments, law enforcement and corporate governance from the social causes. For the final Legal Regulation of insider trading, squared up a large extent taking into account the impact of the latter.To solve practical problems is the starting point of this paper, it analysis of the status quo of China's stock market insider trading, features and the status of insider trading laws. This chapter begins with case studies of the characteristics of China's stock market insider trading, Followed by a time-based line of a brief introduction to China's legislation on anti-insider trading. It focused on existing problems in our legal system. In the prevention of system, reflects the inadequate system of information disclosure. Unsound of shareholding reporting system, Lack of internal control systems of listed companies, in the supervision of Insider Trading, reflects Regulatory objectives unclear, monitoring methods are backward, Right to regulate the exercise of weakness. Within the legal system, reflects Identify elements of insider trading imperfect, Administrative unsound, criminal prosecution weakness, Civil Liability for loss.Ultimate goal of this article is from multiple perspectives improve China's legal system of insider trading, propose appropriate legislative proposals against the current status of insider trading and the lack of legal regulation. Put forward a sound proposal to address these issues, comprehensive insider trading regulatory scheme proposal from the preventive mechanisms, monitoring mechanisms and accountability mechanisms. From Prevention mechanism, Proposed to improve the information disclosure system, shareholders of listed companies reporting systems and internal control system from Supervision, Recommended the strengthening of the position and powers of regulatory bodies, Improve the level of securities market regulation and enforcement. Accountability system proposes to increase the types of administrative penalties, strengthen criminal penalties operability and establish civil suit for compensation mechanisms.
Keywords/Search Tags:Stock market, Insider trading, Legal Regulation
PDF Full Text Request
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