A Qualitative Study Of Fraudulent Purchase Of The Specific State-owned Shares

Share trading is one of the main transaction ways in the economic field, which promotes the development of the socialist market economy. State-owned enterprises owned by the whole people are an important force to promote the modernization and guarantee the common interests of the people. Driven by economic interests, the behavior of the main market purchasing the particular state-owned shares fraudulently appeared.This article takes the form of case analysis, which carries out the qualitative research about ‘Zhang et al.' fraudulent purchase of the state-owned shares" and puts forward legislative proposals, in order to provide a useful reference for regulating this behavior effectively.This article is about23000 words, in addition to the introduction, is divided into four parts, as follows:The first part is the general information. This part briefly introduces the basic details that fraudulent purchase of the specific state-owned shares about Zhang et al, concludes the focus of controversy is about how to determine it and summarizes the four divergent views in the process of handling the case:The first view is that Zhang, Dong's fraudulent purchase of the state-owned shares is charged with fraud.The second view is that Zhang, Dong's behavior is charged with contract fraud. The third view is that Zhang, Dong,'s behavior constitute the crime of abuse of power on behalf of State-Owned Company, enterprises and institutional personnel. The fourth view is that Zhang, Dong's behavior does not constitute crime.The second part is jurisprudence analysis. This part analyses it concretely from three aspects. First, this paper expounds the standard of the crime from the perspective of social harmfulness. Second, the elements involving the crime are analyzed. Finally, this paper focuses on the relevant issues involved in the crime.The third part is the research conclusion. On the basis of the above, this section has carried on the qualitative analysis. Under the framework of the existing criminal law, although Zhang, Dong's behavior does not constitute a crime, because of its serious social harm, such acts should be incriminated.The fourth part is the enlightenment and suggestion.This part demonstrates the practical significance of the fraudulent purchase of the state-owned shares" from two aspects: the necessity and feasibility and puts forward the tentative of the crime.