| With fast development of the fund industry in China, the “Rat Trading” in fund managementcompany have repeatedly occurred. More and more people focus on such phenomenon ofChina’s fund industry. Fund’s “Rat Trading” has negative effects not only on the interests offund share holders, but also on the rule and order of the financial market. What’s more, iterodes the spirit of good faith of the fund industry. Therefore, it is necessary to promote thecriminal regulation on the “Rat Trading”. On the other hand, the criminal law, which rule suchphenomenon, is not so comprehensive. The thesis here to is generally about a clear concept onFront Running and comments on the exisiting criminal law.Chapter One is mainly about the general issues on fund’s “Rat Trading”, including itsconcept, cases and hazards.Chapter Two introduces the criminal regulations of fund’s “Rat Trading” in othercountries and regions. In this Chapter, author shall comment on the criminal regulation ofCommon Law System, Japan and Germany. The nature of the fund’s “Rat Trading” has notyet reach a consensus; as a result，the further research is lack of the common Premise. on thebasis of referring the foreign successful legislation experience on securities investment fundand considering the situation of securities investment fund market and the legal systembackground in china,this chapter seeks to find some useful legal measure in regulating fund’s“Rat Trading”.Chapter Three is the key part of the thesis. Author shall also analyze and make commentson the Chinese Criminal Law. Generally speaking, the Crime of Trading on NonpublicInformation of the Criminal law which regulates fund’s “Rat Trading” is not reasonable.Author consider that the most reasonable measure is the crime of breach of trust of theemployee of financial agents. |
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