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Insider Trading Criminal Regulation Research

Posted on:2017-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:C H HaoFull Text:PDF
GTID:2296330482498303Subject:legal
Abstract/Summary:PDF Full Text Request
Insider trading, also known as close to the deal, accompanying with the securities market, called the "cancer" of the securities market, in recent years, with the development of the securities market, insider trading behavior is intensified, cases of insider trading, insider trading, diverse and way means of concealment, participation main body is complex, the judicial practice of difficult, insider trading behavior seriously disrupt the normal trading order of the securities market, damage the legitimate rights and interests of the investors, therefore, strengthen the regulation of criminal law of insider trading, guarantee securities market order, and bear the brunt of the insider trading.Due to late development of our country securities market, the domestic criminal law scholars for the study of the insider trading is still in its infancy, the imperfection of the theoretical system of insider trading in China research, judicial practice is relatively scarce, and foreign securities market development earlier, us, Japan and other countries regulate insider trading behavior has experienced a long historical period, a complete theoretical basis and practical experience. Therefore, it is necessary to draw lessons from foreign experience in legislation and law enforcement, based on the insufficient of our country’s criminal law regulating insider trading and defects, and to foreign and domestic laws regulating insider trading are compared, as a mirror, in essence, it is concluded that a good way for the regulation of insider trading crime in China.Based on the securities market insider trading behavior as the research object, respectively, to our country insider trading problems in criminal legislation and outside related legal provisions on the component elements of insider trading, and to perfect our legislation Suggestions on three parts of insider trading.First of all, based on the problems existing in the current our country criminal law regulating insider trading, from a lack of crime constitution and criminal responsibility of defect of the argument in two aspects, face to face with this crime in legislative omissions and ambiguities in. Second, the comparative analysis of extraterritorial law provisions on component elements of insider trading crime. Respectively for both us, Japan and South Korea over the insider information, insider trading, insider trading subject objective behavior and the provisions of the criminal liability of insider trading, while understand its legislation, and compare the component elements of insider trading, clear insider trading crimes of the defects in the criminal legislation in our country, draw lessons from the mature theory and the judicial precedent, form is suitable for China’s national conditions of insider trading crime system of laws and regulations system, to guide the judicial. Finally, for consummates our country criminal law regulation of BSFLP insider trading behavior. The light of the shortcomings of the legislation regulating insider trading behavior and defects, outside the legislative and judicial experience for reference, and combining with China’s securities market present situation, the criminal law provisions to insider trading in crime constitution and criminal punishment put forward some Suggestions, in order to perfect our country criminal law regulating insider trading.
Keywords/Search Tags:Insider Information, Insider Staff, Insider Trading, Criminal Penalties
PDF Full Text Request
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