The Constitutive Requirements Of The Insider Trading Crime

Since the eighty’s of the last century to establish the securities market, securities market is animportant place for capital raising and allocation for China’s economic and socialdevelopment plays an irreplaceable role, but due to the high risk of the stock market anduncertainty, causes the stock price is often vary from minute to minute, numerous andvarious influence factors of securities the price of the complex, the supervision andadministration of the securities market is very important. The crime of insider trading in thesecurities market is a very common and typical one kind of illegal and criminal activities, fora long time, our theory circle and practice circle of insider trading crime has studied, but facethe reality situation is complicated and changeable, and control of advanced legislationabroad, it is necessary to further clarify the insider trading crime related problems in the.Insider trading is essentially the behavior people because of their access to insiderinformation in the information on the dominant position, and then use this advantage toengage in securities trading to seek illegitimate interests. Insider trading violations of thesecurities market "fair, just, open" the "talk" principle, to the normal order of the securitiesmarket failure, but also on the legitimate rights and interests of other market abuse. For thegeneral behavior of insider trading, China Securities Regulatory Commission to combat withthe relevant administrative regulations; for insider trading act constitutes a crime, thecriminal law of our country by the means of penalty sanctions. In this paper, from theperspective of criminal law firstly expounded in the first part of the criminal object of thecrime of insider trading insider information, this paper discusses the characteristics of theconcept and scope of insider information, insider information, insider information aboutcharacteristic and put forward the importance and relevance, unpublished three contents ofthe said. The second part discusses the subject of the crime of insider trading crimeconstitutes a crime, including the subject of crime constitution attribute and the main body ofcrime. In the third part of the behavior of the crime of insider trading, to "use" and disclosethe insider information,"suggested" others use inside information to trade for entry definesthe crime of insider trading behavior. The fourth part is the crime of insider trading crime thelegislative suggestions, bring a little enlightenment work regulations of the criminal law onthe crime of insider trading in order to.