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Stock Market Manipulation Behavior Criminal Regulation

Posted on:2012-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y N ZhangFull Text:PDF
GTID:2216330344450129Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The securities have become a necessary part of the Chinese people's economic life. The securities market has become an important part of China's socialist market economy. It has made tremendous contributions for our country's economic development, particularly in the fields that the reform of investment and financing systems and the resource optimization allocation. But at the same time the securities crime goes with the securities mark. Market manipulation is especially serious. With the development of science and technology, manipulative behavior becomes more complex and more difficult to identify. Securities as a "two-edged sword", when it promotes economic development, it also makes a lot of human tragedies.Strengthen the supervision of the securities market and severely deal with market manipulation must be enforced. Justice is the last barrier to protect the rights and criminal sanction is the most stringent measure. If criminal sanctions apply incorrectly, it will cause serious consequences. We must be cautious to apply. Since securities market manipulation crime has been provisioned in criminal law, in view of the securities market is in the beginning stage and some other reasons, criminal law didn't play an active role. With the increase of market manipulation behaviors, criminal justice is a necessary measure to protect the securities market.This paper chooses the perspectives that the necessity of criminal responsibility, the subjective and objective elements and judicial identification of securities market manipulation crime to study. This paper is divided into three sections:Chapter 1:the necessity of criminal responsibility of market manipulation behaviors. There are three sections. Section 1 "theoretical basis" analyzes the causes and hazards of market manipulation. Section 2 "practical basis" mainly introduces manipulation's current condition and characteristic in our securities market. Section 3 "legal basis" analyzes the shortcomings of the law system about market manipulation, such as the shortcoming of administrative penalty system and the shortage of civil compensation system.Chapter 2:the study on the subjective and objective elements of securities market manipulation crime. There are two sections. Section 1 analyzes the objective element and introduces eight types of classic market manipulation behaviors, such as manipulation by actual purchases, matched orders, wash sale and so on. Section 2 mainly analyzes the subjective element. According to the relative rules of domestic and international law, the author suggests that the particular purpose "seduce others to exchange the securities" should be added.Chapter 3:judicial identification of securities market manipulation crime. There are three sections. The author firstly discusses the differences between this crime and the legitimate speculation, the general illegal actions. Then she compares this crime with the securities insider trading crime and other relative crimes. At last, the author gives new consideration to the inversion of onus probandi.
Keywords/Search Tags:securities market manipulation crime, objective aspects, criminal purpose, the inversion of onus probandi
PDF Full Text Request
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