| In order to combat the trading activities---using of new undisclosed information crime of securities and futures, Amendment to Criminal Law(7) added new crime which is using of nonpublic information trading. For this crime, There are major differences in theoretical cycle shill. In the use of unpublished information on the trading behavior of behavior means which is based on the provisions of the law and the similarity with inside information. "Undisclosed information" refers to the behavior of the insider information other than the issue of securities, securities, futures trading or market price which has a significant impact on nonpublic information. It should have significant influence and the difference in characteristics.And for the meaning of "the position for", is both the offender using work based on their work and produce the accrual of convenience which also based on their work and produce all kinds of conveniences. On the behavior of the content,:" violation of regulations ", refers to the violation of relevant laws、 administrative rules、regulations、industry internal rules、regulations and business rules; Behavior, "Trading activity " can include not only the offender USES its own securities、 futures trading account and it also included the other account to control the behavior person through their actual transactions. But not including inaction, trading activities and motioned for others after they learned nonpublic information refers to the person in, clear instructions or suggest others to securities, futures trading activities. Based on the above behavior characteristics, the use of nonpublic information transaction behavior and insider trading behavior, securities and futures market manipulation on the behavior method, the content has significant difference. |
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