Discussion On Several Problems Of The Crime Of Inside Trading And Disclosing Inside Information

By the means of analyzing the specific criminal case for disclosinginside information and securities inside trading,we can see the range of staffknowing the inside trading information is narrow on the basis of the laws andregulation of our country.We also can see the definition of inside informationis not accurate enough.Now the theory and practice circle have considerabledifferences on the definition about the sensitive period of inside informationand the legal effect of recognized opinion issued by institute of securities inthe State Department.In order to effectively safeguarding the securities marketorder and protecting the people’securities investment interest from equalparticipation,the criminal instinct should general as far as possible.When wehold the inside information,we must consider secret,importance andauthenticity.We should accurately apply judicial presumption rules.When wedefine the sensitive period of inside information,we must judge the occuringfacts indicate whether the related important matters have entered a substantivephase of operation and have had the implementation possibility.We also needclarify the legal status of the opinions issued by the administrative agenciesand refine the relevant judicial procedure.