Identification Standards Of On Insider Trading

The stock market "insider trading" transaction seriously undermined the stock market is fair, impartial and open, for a long time, including china’s national legislation, judicial and the stock market supervision and law enforcement agencies will certainly hit and preventing insider trading transaction as the focus of work. For an effective fight against insider trading, the primary solution is a front---the insider trading that standard, it is the legal basis of the scientific and effective fight against insider trading.Insider trading finds the standards mainly related to specific issues, first the choice of basic theoretical point of view of insider trading more or less favorable degree of insider trading laws, rule-making a direct impact on the stock market to crack down on insider trading range. By examining the theoretical exploration, combined with China’s securities market which is an emerging and transitional insider trading multiple markets, the discovery of the market theory of equality applies to all aspects more than the fiduciary duty theory have the advantage of countries for many years.Inside information as the regulation of insider trading center of its type to determine the need for flexibility to grasp the importance of the principle; sensitive insider information of the set should also meet the needs of law enforcement practice; insider information open standards should be integrated and coordinated forms of open and substantive publican not simply open as the standard form.More about the scope of insider trading body in China legislative oversight, and its root causes is the lack of uniform legislation theory, market theory of equality as the Chinese market, insider trading body can basically knows the man identified as inside information, the exemption for exceptions to established rules to resolved.Objective standards of conduct for insider trading compromise knows the standard using standard and knows the standards are more practical, can be a good solution using a standard and aware of the inherent flaws of the standard, should learn from our legislation.In this paper, is to actively respond to China’s insider trading investigation of the practice to organize the analysis of the China Securities Regulatory Commission insider trading investigation of the administrative penalty cases as the main material, learn from the advanced countries in the fight against insider trading theory and experience for China’s securities market regulatory practice, a reasonable put forward their views and suggestions and hope to make some contribution to improve the legal system of China’s crackdown on insider trading.