An Empirical Research On The Nature Of Letter Of Confirmmation

In the judicial practice of the crime of insider trading,the confirmation letter issued by the SFC often appears as evidence and solves the professional problems in the case,but there are still disputes about its legal nature.In this paper,empirical research is used to analyze 45 samples of judgments collected.The study finds that "confirmation letter" has the characteristics of high frequency,key content of cases,inconsistent forms and inconsistent subjects.From the point of view of evidence ability,courts can confirm the evidence ability of "confirmation letter",but there are disputes about legitimacy of its court manifestation and the subject of evidence,which involves how to transform the evidence ability in crimes with "secondary illegality".To solve this problem fundamentally,we need to reconstruct the rules and systems of evidence.From the point of view of probative force,the court basically believes that the "confirmation letter" has strong probative force,but in practice,there is a situation of directly accepting the opinions of the SFC without independent review,which involves the expansion of administrative power to judicial power.This problem can be solved by establishing administrative evidence review system or expanding the scope of application of suspension of prosecution and criminal reconciliation.