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Analysis Of Disputes And Issues On Insider-dealing Offence

Posted on:2018-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:X LiuFull Text:PDF
GTID:2336330515970070Subject:Law
Abstract/Summary:PDF Full Text Request
The securities market is a barometer of China's real economy.It's important for the national economy to have a healthy development.So,it's useful for the international development to make a perfected legal system and supervised system,and it's also can promote a healthy development of the capital market.Illegal cases were published by the China Securities Regulatory Commission,and the number of insider trading more than other illegal acts.So it's a primary task for a healthy securities market to regulate insider trading.Insider information and insider dealer are important factors of insider trading.In judicatory practice,the majority of people got into a dispute over standards of insider trading.Therefore,it's helpful for confirming standards of insider trading to study disputes and issues of insider trading crime.And it can give securities market a positive meaning.China's criminal law on insider trading crime originated in the 1997.Before that,China regulate insider trading by administrative penalties,so illegal regulation of insider trading depend on administrative legal norms.The number of legal norms for insider trading far more than criminal legal norms.Therefore,through the specific analysis of the current insider trading can find main reason which is caused by the current legislation practice in our country.So regulation of insider trading depend on the administrative law,and most important factors of insider trading depend on China Securities Regulatory Commission's identification.Therefore,the author will analysis insider trading crime cases,to find controversial issues.And author will analysis its causes specifically to find standards of insider trading crime.In order to give the normative proposal on insider trading,the author raise issues firstly in this paper.By analyzing the judicial situation of the insider trading crime,author will sum up the disputes of insider trading crime.Author found that the questions of controversy focused on insider information and insider dealer.Through the specific analysis of the current insider trading can find main reason which is caused by the current legislation practice in our country.So regulation of insider trading depend on the administrative law.In order to standardize the norms of insider information and insider dealer,the author in the third part of the article study foreign countries' and regions' law,as well as the necessity and possible analysis of reference.Finally,author will find standards of insider trading crime.Through the four parts of the article above,author believe that there is no expression of relevance in China's securities crime,but it can affect insider dealer's conviction and sentencing.So,if the inaccurate message can be identified for insider information,we should discuss different situations.Meanwhile,author think that the initial time point of the insider information cannot be substantive as the standard.From the perspective of legal interest protection,sensitive time should be affirmed early.We cannot list insider dealers one by one,author believe that insider information and insider dealers have mutuality.If there are on insider information,there are no insider dealers.So everyone trade stocks by insider information,which can be confirm insider dealer.
Keywords/Search Tags:Insider Trading Crime, Factors of Insider Information, Sensitive period, Insider Dealer, China Securities Regulatory Commission's identification
PDF Full Text Request
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