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Crime Of Insider Trading

Posted on:2015-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:X YaoFull Text:PDF
GTID:2296330461959955Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In recent years, with the development of China’s securities market, insider trading inevitably breed and spread, the offender to profit or loss for the purpose of avoiding the use of its special status or opportunity to get insider information to trade in violation of the securities market "open, fair and just "principle, violated the equal right to information and property investment in public equity, severely damaged the stock market order of fair trade, social harm large.Based on the objective of protecting the interests of investors and the maintenance of order in the securities market, severely punish the crime of insider trading is imperative.However, the crime of insider trading professional, difficult investigation. When dealing with criminal cases of insider trading, insider information and how to define the sensitive period, how to identify inside information staff and personnel illegally obtain insider information, how to prove that the perpetrator knows or even the use of insider information, how the presumption obvious abnormalities related transactions, and how determine the amount of insider trading and other criminal plot, there is a huge long-term judicial practice all sorts of confusion and controversy. June 1,2012, the Supreme People’s Procuratorate issued a "handle insider trading, disclosure of inside information on the criminal cases of a number of issues of legal interpretation," and in the implementation, thus strengthening the insider trading laws and regulations from the perspective of efforts to control and regulate the amount of crime, thus further promoting research theorists crime of insider trading, insider information about the characteristics, illegal access to identified persons, whether the use of insider information, the use of the crime identified unpublished information transaction, the two crimes identification and criminal fines and other issues discussed apply, but should be further deepened.Insider trading crimes introduction of judicial interpretation, to a certain extent to solve the many difficult problems to provide specific programs, help identify correctly the crime of insider trading. However, a judicial interpretation does not, it is impossible to solve the crime of insider trading identified all the problems. The judicial interpretation put forward a series of concepts, categories, criteria, and then explain the need also exists. Because of the long-term existence of insider trading offenses and criminal justice situation grim contrast to the weak contrast between big problem, and there are all sorts of great confusion and controversy in the judicial practice. Many theorists and scholars crime of insider trading should be analyzed from different angles. Combined with the Supreme Court jurisprudence has announced the crime of insider trading, and in close connection with the latest judicial interpretation on insider trading, disclosure of inside information on the key concept of sin.Case accurately summarized the focus of controversy, and grasp guiding cases and judicial interpretation of a similar point, in order to improve our crime of insider trading regulation.This thesis consists of seven parts, namely an introduction, conclusion and seven chapters body. The introduction describes the background of the crime of insider trading information presented. The first chapter describes the basic problems of insider trading by the crime, and explained the concept of the origin of the securities, and then analyzed and summarized the legislative changes of the crime of insider trading. The second chapter of the subjective element of the crime of insider trading, including whether indirect intent, negligence, summarize the various perspectives, the author focuses on support for the view. The third chapter of insider information and sensitive period were identified, the relevant provisions of comparing home and abroad, to determine the authenticity of insider information, insider clear formation time information. The fourth chapter analyzes the main component of insider crime, including insider information staff, illegal access to insider information identified personnel. Chapter V, Chapter VI focuses on the identification and insider trading plot finds a problem, discusses how the use of insider information and insider trading behavior of attempted form, and how to calculate the amount of illegal gains, the unit crime, no illegal income cases, accomplices circumstances applicable criminal fine. Chapter VII of the proposed approach to crime prevention and insider trading norms. Conclusion of Chapter VIII of the full text concluded.
Keywords/Search Tags:Insider trading charges, Insider Information Staff, Abnormal trading, 2012 judicial interpretation
PDF Full Text Request
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