Insider Trading In The "Insideinformation" And Its Research

Because of the inconsistency of the laws,administrative regulations,judicial interpretations,departmental rules and other normative documents concerning the crime of insider trading in china,which results in the divergence of determining “take advance of inside information” or “obtain inside information” for the constitutive components of Insider Trading Crime in legal theory and judicial practice.Meanwhile,similar inconformity of interpretation and regulation of above divergence exists in U.S.A and Taiwan area.With combination of the crime essence and legislative spirit,“take advance of inside information” should be determined for the constitutive components of Insider Trading Crime.Presumption rules should be convicted as standard of judgments of insider trading in specific application,which consist of fact assumption and law assumption,but both are incapability of solving the mentioned divergence perfectly.Therefore,by taking into comprehensive consideration the following circumstances from such aspects as the superiority of fact assumption and law assumption.Presumption rules of” take advance of inside information” can be improved accordingly.As a result,divergence of legal theory and judicial practice would be resolved.