Criminal Law Regulation Of Illegal Disclosure And Non Disclosure Of Important Information

In recent years,with the rapid development of China's economy,the stock market has also ushered in a new spring.Its development is also very fast.The number of listed companies is increasing year by year.Up to now,the number of Listed Companies in China has reached 3495,of which 1400 in Shanghai and 2095 in Shenzhen.These listed companies have the obligation to disclose information by law,But in reality,some of the listed companies in violation of the relevant laws and regulations,and registered accountants and other intermediaries colluding with the financial accounting report which is false or conceal important facts,or for other important information disclosure shall not disclose in accordance with the provisions of the shareholders and the public,which make the wrong investment decisions,serious damage to the interests of that restricted the effective market resources allocation function of securities market,to the detriment of the development of the securities market and the national economy.Therefore,it is of great significance and necessary to strengthen the theoretical research on the disclosure of violations and the non disclosure of important information.This article consists of five parts:The first part is an overview of the crime.It mainly expounds the concept,historical origin and characteristics of the crime of illegal disclosure and non disclosure of important information,and lays a foundation for the following theory while clarifies the theoretical location.The second part is the core of this article,and discusses the constitution of the crime,mainly from the object,the objective aspect,the subject and the subjective aspect.For academic differences,this paper analyzes clearly that the object of this crime is the information disclosure system of securities,the company's financial accounting system,shareholders or other people's interests;In the objective aspect,this paper expounds two situations,namely,providing false or concealing important facts to the shareholders and the public,and disclosing other important information which should be disclosed according to the regulations;In the aspect of subject,this article makes a clear division of the subject and the subject of the crime,and holds that the executive person in charge of the company is the subject of torture,rather than the subject of the crime.Only the company or enterprise is the main body of the crime;On the subjective side,this article discusses the circumstances of intentional and negligent.This article holds that fault does not constitute a crime and only intentionally constitutes a crime.The third part mainly from the uncompleted form of the crime,the form of accomplice,the number of crimes in three aspects of the form of the crime.The fourth part makes a comparative analysis between the crime and the crime of providing false testimony,the serious misrepresentation of the certificate,the false crime of fabricating and spreading the securities transaction,so as to further analyze the crime.The fifth part is this paper puts forward some suggestions on some problems in the crime,including single punishment or double punishment,"the directly responsible person in charge and other directly responsible personnel",freedom penalty and fine penalty for this crime,penalty provisions of the rationality of these problems are discussed and some suggestions.