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Criminal Law The Crime Of Manipulating Securities And Futures Market Control

Posted on:2013-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2216330374956488Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Since1993, with the development of China's socialist market economy, China's securities and futures markets have been booming in nearly two decades, and gradually become an important component of China's socialist market economic system. Only the development of improved, effective, healthy stock market, the price of securities to ensure timely market information, rapid response. However, the crime along with the securities and futures market, but also became a new crime of the most damaging types of securities crimes, the influence of the deepest. When the manipulation of securities and futures market behavior in the market, with stock market manipulation error message will be reflected through the price at this time the price of securities on a false price. Investors of the securities purchased, on the use of a false price. Manipulation of the securities and futures markets for the basic value orientation of the stock market-the credit cause great damage, serious damage to the socialist market economic order; a tremendous impact and the public a fair and equitable order, making investors investment loss suffered property losses, violation of property rights of investors; manipulation of securities, futures market behavior will bring to market signals reflect the failure of the normal impact of the law of value to achieve. Based on these three factors must be strictly necessary legal control for the manipulation of securities and futures market behavior. Thus, the "Criminal Law of China in1997,2006Criminal Law Amendment (f) the crime is stipulated by means of criminal sanctions in order to effectively combat the illegal acts of manipulation of securities and futures markets. China's securities and futures legislation in practice, however, did not the manipulation of the securities and futures markets "Manipulation" is a general definition, but a number of laws and regulations listed securities and futures to manipulate the behavior of behavior of securities and futures markets types, the fact that the lack of uniformity in these specifications. With the development of capital markets, manipulation of securities, the shape of the futures market behavior is changing. The innovation of the securities and futures markets makes a large number of securities and futures to manipulate the linkage between enhanced, even in practice there have been cross-regional, cross-market manipulation of the actual situation.How to prevent and combat emerging behavior to manipulate the securities market, and thoroughly to avoid the theoretical differences lead to different perceptions of the legal definition. In-depth research and analysis, the legal system of the world's mature capital markets to absorb the experience and lessons learned on the basis of the legal system of China's existing securities and futures markets to clean up, and the combination of the Criminal Law Amendment (g)"and reflected the spirit of the legislative amendments in the Criminal Code amendment (h)", based on the existing regulatory resources, in practice, to the existing regulatory resources and adequate use of the target, retention, and amendment of the legal system, in order to improve the system design, and manipulation of reality in the securities and futures market behavior and the full blow.
Keywords/Search Tags:Securities and Futures manipulation of securities, futures marketbehavior, temper justice with mercy, penal control
PDF Full Text Request
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