The Criminal Research On Regulating The Behavior Of Clients Defrauding In Securities And Exchange

In recent years, speculation in China's stock market has been rampant, illegal and criminal acts of clients defrauding frequent happen, the number of cases increased year by year. In addition, the clients defrauding provisions of the existing "Criminal Law" and "Securities Law" poor convergence, leading to the type of behavior or its actors under the Securities Law, lack echoes in the criminal law. By analyzing the differences between the criminal justice system and the legal system of securities fraud clients interpretation and further analysis of criminal law and securities law reasons poor convergence, and the existing problems of criminal regulation to moderate crime into the theoretical basis and propose specific improvement program.In addition to the introduction and conclusion, the thesis is divided into four sections, aims to explain the omissions of the client defrauding regulation in China's current "criminal law", and improve the program in relation to the raised issues. The main contents are as follows:The first part is to explain the concept of customer fraud and fraudulent customers crime analysis features. Customers for securities fraud in the legal system jargon, and criminal law and did not cheat customers a professional terminology, concepts and theory of fraud customer securities used in the crime is not uniform. Therefore, to clarify the concept of fraud by customers, and further analysis of the characteristics of their crimes, to reveal differences in crime and general fraud customers.The second part is the comparison of the current legislative status of the Securities Act and the existing criminal law on fraudulent customers. Further analysis of the problems of existing legislation by comparing the use of interdisciplinary methodology as a tool to analyze the nature and dangers of fraudulent customer specific behavior of each type.The third part is the analysis of customer securities trading fraud crime of reason and moderation standards provide the basis for a reasonable delineation customer fraud crime ring. Speculation is associated factors in the development of the securities market, and fraud is the main means of speculation, so the stock market fraud crime must exist. Although the phenomenon of crime can not be eliminated, but in order to maintain the healthy development of the securities market, there is a need to make a reasonable restriction on the customer's fraud crimes, and crimes of fraud, customers should follow the principle of moderation.The fourth part of the criminal law of fraud customers complete solutions. Criminal Law Regulation fraud charges customers to lure investors to buy and sell securities principal crime, misappropriation of funds and embezzlement of public funds referenced eighty-five Criminal Law and the crime of breach of trust of entrusted property. On the basis of combination of the foregoing analysis, the proposed scheme to improve the existing criminal law, that lured investors to buy and sell securities perfect crime, breach of trust to use the main elements of the crime of entrusted property and objective elements.