Research On The Subject Of Crime Of Insider Trading

Insider trading is one of the most active crimes in the securities field.Judging from the data on the investigation and punishment of illegal activities in the securities market in mainland China,insider trading has shown a trend of intensification in recent years.However,due to different theoretical viewpoints,there are differences in understanding of the criminal law provisions of the crime of insider trading,which have caused problems such as the difficulty in applying relevant legal provisions in judicial practice,and inconsistent judgment standards.This article starts from the basic theory of insider trading,discusses in detail the different characteristics of the two types of insider trading regulation theories,conducts an in-depth study on the status quo and existing problems of the subject system of domestic insider trading crimes,and proposes to improve China Suggestions on the subject system of insider trading crime.This article is divided into 4 chapters,the main contents of each chapter are summarized as follows:The first chapter,"Introduction",mainly explains the significance of this topic,the current status of domestic and foreign research,and the basic ideas and methods of the subject system of insider trading crimes.Chapter ?,"Inside Trading and the Subject Overview".This chapter first defines the concept of insider trading,and elaborates the concept of insider trading crime and its behavioral nature.I put forward my own opinions on the issue of academic disputes involving the subject of insider trading crimes.Finally,I discussed in detail the scope of insider information insiders who are determined to exist,the problem of "inferred" identification of insider insiders,The scope of “persons who obtain inside information” cannot be identified,and how to deal with the situation where staff of state agencies are suspected of insider trading.Chapter ?,"Legal Regulations of the Subject of the Crime of Domestic Curtain Trading".The main content of this chapter is to analyze the status quo of the subject system of domestic curtain trade crimes.First,two different criteria for identifying insider trading crime subjects are discussed.The first is the standard of fiduciary duty in American law.The main content of the standard is studied in depth,its historical origin,theoretical evolution,latest developments,and classic jurisprudence are analyzed,and its shortcomings are pointed out.The second is the standard of knowledge in the European Union.The main content of the standard is studied in depth,its historical origin,theoretical evolution,and latest development are analyzed,and the standard is evaluated accordingly.Finally,the scope of the subject of insider trading crime in China's current laws and regulations is analyzed,and the trend of "enlargement of subject" in judicial practice is analyzed in detail.Chapter ?,"Knowing the Application of Standards under Article 180 of the Criminal Law".This chapter is divided into three sections.First,the regulation theory of insider trading crime is determined by the theory of market equality.It is proposed that China should adopt the market equality theory prevailing in the EU as the theoretical basis for regulating insider trading in China.Secondly,to standardize the scope of the insider trading crime subject by any insider standard,and put forward that the scope of the insider trading crime subject in our country should adopt the knowledge standard instead of the fiduciary duty standard;The identification of the subject of the crime of trading suggested that when identifying the subject of the crime of insider trading,China should limit the applicable knowledge standard and appropriately limit the scope of the subject.