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Insider Trading Criminal Regulation Research

Posted on:2013-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:M M LiFull Text:PDF
GTID:2246330395952289Subject:Law
Abstract/Summary:PDF Full Text Request
Insider trading and securities and futures markets go hand in hand, it is the most common criminal acts in the securities and futures markets. The nature of the insider trading insider to take advantage of insider information in securities, future trading, access to additional benefits or to avoid losses. Insider trading artificially achieve the purpose of profit or avoid loss, the use of its special status or access to insider information in securities transactions, in violation of the securities market "openness, fairness and justice" principle, violated the equal right to information and property of the investing public interests.The existing legislation in most countries of the world to its holding an attitude of prohibition. China’s securities and futures market development from the very beginning up to now only two years, the legal system is not perfect, and insider trading behavior is more hidden, diversity, market supervision and fatigue, lack of punishment to resulting in China’s securities and futures worsening of the crime of insider trading and lack of effective control.This article’s body part to insider trading criminal regulatory system, through the analysis of criminal law theory and judicial practice in other countries insider trading legal regulation system of the characteristics of China’s insider trading crimes legislation exists the crime constitute and legislative perfect and other aspects of sub-three chapters are discussed. The first, China’s insider trading Criminal Regulation system defects. In this section starting from the two perspectives of the insider trading conviction and sentencing, raised the problems of our insider dealing criminal conviction and sentencing, as discussed below foothold. The second, the extraterritorial comparative analysis of the legal regulation of insider trading. Several elements of this part of the main insider dealing, insider information, insider trading behavior and the punishment of insider trading liability were introduced to the provisions of the United States, Japan, the European Union and Taiwan on the regulation of insider trading laws. The third is the improvement of the insider trading Criminal Regulation. This section discusses the problems of insider trading Criminal Regulation on the basis of in front, by drawing useful foreign legislative experience, combined with China’s actual situation, a number of recommendations on the Criminal Rules and Regulations of China’s insider trading conviction and sentencing. In order to constantly improve our insider dealing criminal regulatory system to bring a bit of enlightenment.
Keywords/Search Tags:Insider Staff, Insider Information, Insider Trading, Criminal Penalties
PDF Full Text Request
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