Study On The Problem Of Illegal Gold Futures Criminal Cases

Gold is not only a commercial product, it is also used as a monetary carrier.With the increase of the level of national income,gold becomes more popular amongthe public and the public is finding a broader way of investment, as a result, itaffects Chinese financial market which makes the need of gold investment greater.According to " issued by SFC and the other four divisions at December,2011,apart from Shanghai Futures Exchange and Shanghai Gold Exchange, anyinstitutions, areas, individuals are not allowed to establish any Gold Exchange orExchange Centre, even not allowed to establish any gold exchange platform in anyother Gold Exchange or Exchange Centre."Underground Gold Speculation" is anillegal way of managing Gold futures which is against Chinese law of gold trading.There are a variety of reasons giving rise to these illegal activities. In the latest years,"Underground Gold Speculation" has significantly enhanced the number of criminalcases involving illegal business. A series of problems are caused by these cases, arethey company crimes？ Does the person who commits the crime know it anddeliberately do it subjectively？How can we prove that he knows it？How can wemake sure the jurisdiction for cases involving oversea countries？For governingillegal gold futures trading more effectively, it is necessary to improve oursupervisory system,find a way of regulatory consolidation,various regulation andclassified regulation on the basis of completed law.Meanwhile we should also learnthe advanced systems from other developed countries and discover a combination oftheir experience and our national conditions that can lead to a more scientific andreasonable way of regulation.