Research On Claim And Property Crimes

Along with the development of the Chinese securities market, insidertrading behavior emerging, they have destroyed the order of the securitiesmarket, and infringed the interests of the major investors. Our country"criminal law" provisions of article180rules the securities insidertrading crime, which provides a legal basis for judicial organs. However,insider trading behavior has a highly professional and evolutioncharacter, result in "criminal law" is hard to describe this criminalconstitutive elements, so "criminal law" describes this crime with blankdescription. For this reason, judicial recognition will need refer toother laws or regulations to supplement, and the number of securitiesregulatory laws and regulations are plenty, the revision are frequent,also put forward to refer to the difficult problem, real-time updatesecurities insider trading crime is a system engineering.This paper is divided into four parts. The first part summarized theprovisions of securities insider trading in Chinese Criminal law. Firstly,puts forward the necessity of setting criminal responsibility. This necessity results from the harmful effects of insider trading behaviorand the severity of Criminal law as an ultimate Code of Conduct. Secondly,summarizes the legislative history of securities insider trading in ofsin, from nonexistence to pass into existence, from imperfect to perfect,which lets us understand the securities insider trading even better.Finally, analyses the blank description of securities insider trading,proposes the importance of supplement.The second part is to fill the blank description, through referenceto related laws or regulations, defining "securities","insideinformation","trade subject" these elements. After introducing fivetypes of securities formulated by Securities Law, the definition of thesecurities are discussed. The definition of inside information, citingthe provisions of the legislation, the characteristics of the insiderinformation will be reduced to materiality and confidentiality twocharacteristics. Transaction subjects including insider of insideinformation and illegally gainer of inside information, and the item"illegally gain" should be amply interpreted as "shouldn’t gain but gain".The third part discusses the behavior of securities insider crime.Compare our country criminal law provisions and foreign criminal lawprovisions stipulated in the insider trading behavior, and analyze thedifficulties of insider trading behavior. Distinguish the differentsituations "motioned behavior", discusses “using inside information“is the constitutive requirement of securities insider crime, and"negative act" would not constitute securities insider crime.The fourth part is to securities insider crime judicial cognizance.For securities insider crime with the guilt or not guilt is discussed,and puts forward the point that the standard of filling a criminal caseis not the standard of judging. Also compare the securities insider crimewith other crime and discuss the form of securities insider crime, providing guidance for this crime judicial cognizance.The chapter five of Criminal Law of the People’s Republic of Chinaprovides the property crimes,the specific of property criminal chargesprovides the the object of crime is public and private property.Themainstream view of scholars and the judicial practice consider the publicand private property should be broadly interpreted to include propertyinterests.But does property interests include claim? Should theft IOU androbbery IOU be consider a crime?Should theft and robbery depositbook,securities and so on debt instruments be consider a crime? How tocalculate the amount of these crimes? How to identified the patterns ofcrime? These questions are controversial.To answer the questionsabove,we have to answer a question,that is is public and private propertyincludes claim?And to solve this problem,we have to across a theoreticalbarrier,that is claim can be possessed,controlled.Basic on the realityof society,to meet the needs of transactions convenient,there are manyphenomenons of asset securitization and right securitization.And basicon the the theories of claims rem,quasi一possession claims,the rightquality of claims and so on theories of civil law,I present that undersome conditions the claim could be possessed and to be the object of theproperty crimes.This thesis consists of four parts,to discuss the relation of claimand property crimes:The first chapter:TO reasoning than claim can be possessed and to bethe object of the property crimes. This chapter has two parts,First,basicon the interest of property crimes to protect,the learning from foreignlegislation,the new crimes of property crimes and so on,the writerconsider property interests can be the the object of the propertycrimes.Second,basic on the concept of criminal possession and he theoriesof claims rem,quasi一possession claims,the right quality of claims and so on theories of civil law,I present that the claim could be possessedand to be the object of the property crimes.The second chapter: To demonstrate the relation between IOU andtheft,robbery and the so on property crimes,at the same time I willdiscuss an IOU controversial case.The third chapter: To demonstrate the relation between deposit bookand theft,robbery and the so on property crimes,at the same time I willdiscuss a deposit book controversial case.The fourth chapter:To demonstrate the relation between other debtinstruments and theft,robbery and the so on property crimes,at the sametime I will discuss a debt instruments controversial case.