The Securities And Exchange Theory Of Criminal Legislation

Securities transaction crime legislation is the core of the securities crime legislation. Securities trading is investors to participate in the most active, nationality is the most extensive process. In recent years, some serious securities transaction crime after exposure, not only cause serious economic losses to investors, but also shows that our country securities transaction crime legislation exist some defects. Therefore, it is necessary to perfect our country’s securities transaction crime legislation, in order to prevent and punish securities transaction crime. The author to our country existing laws and regulations, the provisions of the securities transaction crime are thoroughly analyzed, and through the reference of foreign and China, Hong Kong and Taiwan securities transaction crime ripe experience, and it is pointed out that at present securities transaction crime legislation existence deficiency, and puts forward relevant revision opinion.This paper main body is divided into eight chapters.The first chapter is introduction, the securities transaction crime legislation to make an overview of direction.The second chapter briefly introduces the concept of the securities transaction crime. To deepen the understanding of the securities transaction crime, and puts forward how to carry on the definition, and finally expounds the securities trading crime concept extension, to perfect the legislation laid solid foundation.The third chapter briefly introduced the Chinese securities transaction crime legislation present situation, and proposed our country securities transaction crime legislation has what defect.The fourth chapter briefly introduced the United States, Britain, Germany, Japan and our country Hong Kong, Taiwan area the relevant provisions of the legislation, and a brief comment on, at the same time in China and Hong Kong and Taiwan regions from outside of the securities transaction crime legislation trend of thinking, and summed up China’s criminal legislation for some of the places.The fifth chapter puts forward securities trading perfection of the legislation of criminal charges. One is in the combination of case, the author puts forward a fabricated and spread securities transaction false information crime modification for deliberately spread securities transaction false information crime; The second is to insider trading, leakage inside information crime and objective behavior is discussed and put forward revision opinion;3it is to use undisclosed information transaction crime and insider trading, leakage inside information sin is compared, and shall be put forward reference insider trading, leakage inside information of the provisions of the sin perfect; The fourth is put forward the lure investors to buy or sell securities crime is amended as securities fraud, will be part of the securities and exchange fraud provisions for crime.The sixth chapter puts forward the securities transaction crime punishment configuration for perfect. Increase the fine punishment, the applicable scope of the increase the amount of the fine punishment, coordination unit crime and natural person crime freedom penalty, and whether to add in the criminal law qualification punishment negative opinions put forward.The seventh chapter puts forward other securities transaction crime in perfect. One is in the judicial interpretation could improve the punishment point standard. The second is in the judicial interpretation clear outline sexual terms. In three on judicial interpretation, the "serious circumstance" and so on that.The eighth chapter summarizes the full text of the based on securities transaction crime in the legislation of the innovation of the place, and looks forward to the need to be further studied are local.