The Research On Crime Of Manipulating The Security Market

The vigorous development of Chinese securities market in the past twenty years has become an important part of the socialist market economic system, but a series of stock crime breed and spread with long-standing. Crime of Manipulating The Security Market is the most destructive and the deepest influence in all types of stock crime. Therefore, "the Criminal Law" in 1997 and "Amendment to the Criminal Law (6)" in 2006 all have provisions to effectively combat the illegal manipulation of the securities market, to protect the lawful rights and interests of the minority investors, to perfect securities market supervision mechanism, to guide the healthy operation of the securities market by means of criminal sanctions. This paper is based on the predecessor's research achievement, and combined with the new situation and characteristics of crime of manipulating the security market. And this paper mainly discusses the concept, the harm, the constitutive requirements, the unfinished form and judicial perfect of crime of manipulating the security market. This paper attempts to correctly grasp the real meaning of the law, to solve the problem of operation in judicial practice, to make theory research really be accurate use in judicial practice.Specifically, this paper consists of two parts as well as preface and text.The Preface briefly introduces the origin and the important status of the securities market in China, and it introduced the purpose and meaningthe to choise crime of manipulating the security market as a graduation thesis from two aspects of theory and practice. Text consists of four parts.Part: The overview crime of manipulating the security market. It firstly introduces the academic debate on the definition, and proposes own view. Then it indicates the great harm of manipulating the security market, in order to make the necessity of thoroughly argument clear.Part: the historical evolution and stipulations of crime of manipulating the security market. The author introduces and analyses legislative development and situation both from domestic and abroad. Among them, the domestic legislative situation separately expatiates from three Angles, administrative regulations, commercial law and criminal legislation. Other countries' legislative situation take USA, British, Canada, France, Taiwan as examples to make brief introduction. The author's attempt is to find other countries' advantages and make her suggestions to the legislation by comparing. PartⅢ: The research on some theoretical problems of crime of manipulating the security market. Accurate grasp of constitutive requirements is considered to constitute the basis of correct conviction. The author focuses on the subject, the subjective, objective behavior and unfinished form, explains the details in which might occur questions, such as "Funding advantage", "continuous", "other way". And the author multidimensionally demonstrates the relationship between fabricating or spreading false information of securities issuance and trading and manipulating the security market.PartⅣ: The judicial perfect of crime of manipulating the security market. In this part, the author argues that it has been possibility to draw liability of pat to the proof opposite place into China, and offers her own suggestions by introducing the experiences of other countries and Hong Kong area. Then, the author proposes to incorporate "scalping practice" in No. 182 section of "Criminal Law" and "Amendments to the Criminal Law (6)".