The Objective Aspectsand The Suspended Situation Of The Crime Of Insider Trading

As a newly emerged market, the regulation system of security market isnot fully developed, which leads to frequent occurrence of insider trading inrecent years. Immediate measures thus have to be taken in order to improvethe monitoring of the insider transactions. This paper tries not to list crimesof insider trading in a general way but focuses on the objective side and itsunfinished forms. On the basis of referring to the advanced researches, thispaper employs research methods including institutional analysis, caseanalysis, and legal explanation, to explore the insider transaction crimes andits difficulties accordingly.This paper is composed of five parts:The first part gives an objective summary of the insider trading crime including a definition of the insider trading and a description of the ways ofoffense in this field.The facts of the insider transactions are listed in the second part. Thissection would give a full description of the approaches employed to disclosethe insider information illegally and the identification of the informationsensitive period, and the criterion of judging the severity and relevanceThe third part focuses on the judicial determination of the insider tradingbehavior. This section mainly studies “the using of insider information” and“nonfeasance”. And then choose a suitable accusation for the express andimplies behavior. At the last part, study advice behavior related issue.Part four analyzes specific circumstances of insider trading. This partdoubted the criterion for the identification of the severe offenses, and givessome advice on the sum of money concerned.Part five discusses the criminal pattern of insider trading. At first,insider transactions are defined as consequential offense and crime of amount.Then combined with the13tharticle of the criminal law analyze the situationof the preparation, the situation of the attempt and situation of thediscontinuance for insider trading crime.