The Study Of Law Issue Of Market Manipulation In China's Futures Trading

With the rapid development of China's futures market,there are cases of market manipulation,regulators cannot simply judge whether the behavior belon gs to market manipulation according to current law.Not only does new type o f market manipulation occur beyond the scope of law,but also few people rep orts manipulation behavior to the authorities although there is regulation.Repres entative action nowadays can hardly compensate the loss of investors due to m arket manipulation,and deter manipulator.To be specific,the article is divided into four chapters.The first chapter presents the basic theory of futures market manipulation,briefly introducing cor relation theory across the country,and current domestic relevant regulation.I p ropose the necessity of studying futures market manipulation.Based on the dis cussion of basic theory,I conclude that the manipulation behavior in futures m arket is fraudulent transaction.I also comb the existing laws and regulations,s ummarize the shortcomings of the current legal regulation.The second chapter introduces four cases punished by CSRC,I conclude t he common characteristic,summarize the legal issues,put forward that the iden tification standard of futures market manipulation is not clear,the system of pr ocecutorsincenctive and protection is imperfect.Our country lacks class action.The three problem is the core of this paper,from the legislation to private reregulate,and then to the lack of civil compensation system,and our imperfecti on of regulations on group litigation in the civil procedural law in our country.The third chapter introduces overseas experience,the standard of U.S.futu res manipulation behavior,the whistleblower related regulations and cases can be used for references in our country,and related class action regulations of w estern developed countries.I discuss the logic behind the legislation and syste m,the advanced nature of the existing system of the U.S.and its referential v alue to our country.The fourth chapter propose improvement measures in our country's futures manipulation behavior,strengthen the legal regulation,build the system of pro cecutorsincenctive and protection,and introduce class action.I try to improve o ur existing laws and regulations,through the study of the U.S.advanced syste m to build our own similar system.