Along with the rapid development of the capital market, the securities market isalso developed so fast, the size of the market has grown as one of the world’sforefront. The multi-level capital market has gradually formed a system. The functionof capital market to the national economy has increasingly been recognized. But thenumber of securities insider trading has still been rising, the influences is gettingworse because of the current law on insider trading regulation is not perfect and thevery low cost of insider trading. It seriously broke the social justice and has beenaway from the principles of open, fair and impartial. The case of insider trading ofSponsor representative is occurred at this background. The focus of the paper iswether Yue has the insider trading subject qualificationg and the rules of evidence andthe choice of the standard of proof chosed by SFC. Yue and Ma’s sponsorrepresentative status, the case background, lead to prevent insider trading system.Personnel: the main body of the inside information to clear their faithful, prudent,confidentiality obligations; sponsor representatives and other personnel, to provewhether they are using insider information, you can apply the principle of burden ofproof upside down. In the system: the illegal insider trading in China is too low, thecriminal limit should be established to improve the level of penalties and deterrenceof insider trading. In addition, the standard in the establishment of a criminal case atthe same time, it should be combined with the civil compensation in order to achievethe protection of investors. |