A Study On The Criminal Law Regulation Of Unfair Related Party Transactions Of Listed Companies

Looking at the legal regulation of the capital market in our country,we have roughly formed the administrative regulations and regulations of securities and futures,with the securities law,the company law,the securities investment fund law,the criminal law as the backbone,and the securities and futures administrative regulations and regulations.Normative documents and self-discipline rules as the branch of the legal regulation system.As far as the regulation of unfair related transactions of listed companies is concerned,although the civil punishment system and the administrative punishment system complement each other,both of them are not perfect,and proceed from the angle of interest measurement.Compared with the potential harmful consequences of unfair related transactions of listed companies and the income from illegal and illegal acts,it is difficult to see the intensity of administrative punishment and civil compensation punishment in comparison with the potential harmful consequences of unfair related transactions of listed companies.To give full play to the preventive role of legal sanctions.Starting from the behavior of non-fair related transactions of listed companies,this paper uses comparative analysis and case analysis to divide the affiliated parties in the sense of criminal law and identify the unfair related transactions.This paper analyzes the regulation of unfair related transactions of listed companies in criminal law,and finally puts forward some suggestions on how to construct a "civil-bank-criminal" regulation system of listed companies' unfair related transactions.The first part of the article is the basic analysis of unfair related party transactions of listed companies,including the related concepts of unfair related party transactions,the current situation of legal regulation,in the last section of the first chapter,The criminal legislation in the current capital market is not enough to lead to the following.The second part mainly analyzes the theoretical basis of the regulation of unfair related transaction behavior of listed companies from the criminal law,and then obtains the necessity,possibility,rationality of the criminal law regulation of the behavior,mainly from the object of regulation,legal interest infringement.There are three aspects of the limit of criminal intervention.The last part is from the criminal law,the criminal law and the civil law,theadministrative law two aspects carries on the analysis to the listed company unfair related party transaction to carry on the criminal law regulation path,including the specific regulation object scope,The identification of specific charges and the choice of perfect path.