| Illegal trading based on undisclosed information has been convicted in"Amendmentâ…§of Criminal law"by the Standing Committee of the National People's Congress on February 28, 2009. This will help reduce finance crime, protect general fund investors'legitimate rights and interests, promote our securities market more healthy and steady.This thesis attempts to analyze the charge, the concept, the constitution of crime, criminal pattern correctly. Based on this, this thesis analyzes a lot issues and give some efective solutions.This thesis divides into four parts:The first part: Summary of illegal trading based on undisclosed information.This section first outlines its legislative history shortly, demonstrates the necessity and rationality of the conviction of illegal trading based on undisclosed information.Then according to the regulations, defines its criminal circle.The second part: Study on the constitution of illegal trading based on undisclosed information. Grasp the constitution of crime correctly can do conviction properly.This section expounds and proves the four components of illegal trading based on undisclosed information. It focuses on the no thinking place previously (for example,the crime regulation objects, the trading, violation of regulations, etc.), or still disputing place (for example, definition of undisclosed information, identification of serious circumstances,etc.),and also presents the author's creative ideas.The third part: Judicial application of illegal trading based on undisclosed information. This section first analyzes its joint offence, criminal pattern, and makes distinctions multi-dimensionally between this charge and similar charges like Crime of insider trading and disclosing the secret of inside information, manipulation in securities,& futures market, cognizance of breach of entrusted property, etc; Also specially ponderes how to design the proper criminal prosecution procedure.The fourth part: Legislation perfection for illegal trading based on undisclosed information. This section makes an objective appraisal on many countries'relative regulations, points out that the current regulations need perfection, and then provides some reasonable and specific legislation recommendations. |
