Research On Difficulties In Crime Of Insider Trading

From the promulgation of the provisions of the Criminal Law on the crime of insider trading to the Interpretation of the Supreme Court on Certain Issues Concerning the Specific Application of Law in Handling Criminal Cases of Insider Trading and the Disclosure of Inside Information,Chinese law circles have made great strides in the criminal regulation of securities insider trading.The results have solved many problems in the crime of insider trading.Currently,there are still some imperfect,unscientific and unreasonable issues that need to be studied in connection with the status quo of the capital market.At present,the situation in which China faces the crime of preventing and cracking down on insider trading is very serious,and the new situation in the crime of insider trading has emerged:The number of involved persons is numerous,the methods are various,and the means are hidden.Insider trading has caused confusion in the securities market.Therefore,the author takes the difficult issue of insider trading as the research object of this article.This article analyzes the characteristics of China's inside information by introducing different theories about the characteristics of inside information at home and abroad,and puts forward that Chinese inside information should adhere to the four-character theory,and adopts substantive open standards for the disclosure of confidentiality of inside information,which is important for inside information.Features subjective standards.Through the introduction of the concept,the characteristics of transactions,and the main body of the new Third Board market,combined with the current situation of penalties for unit crimes in the insider trading crimes,the proposals for aggravating the legal penalties for unit crimes are proposed.By introducing the provisions of foreign and Chinese Taiwanese bodies on insider trading,combined with China's provisions on subjects,the author believes that the subject of insider crimes can be expanded to discriminate against passive and accidental access to insider information subjects.By analyzing the objective behavior of the crime of insider trading,whether the re-disclosure behavior in the disclosure of inside information constitutes a crime and analyzes the time point of the disclosure of information,the author believes that the illegal disclosure of inside information may constitute a crime and the time for information disclosure and should use expressionism.Finally,the suggestion of imperfect penalties for inside information is proposed.The author believes that the statutory penalties for the crime of insider trading in China should be improved.The sources of information obtained by natural persons in insider trading subjectsshould be treated differently when sentencing,and the qualifications for newly established insider trading crimes should be raised and proposed the establishment of a new criminal penalty for insider trading as well.