An Empirical Analysis Of Insider Trading Between Administrative Law And Criminal Law In China

According to the different fields of the trading market,the insider trading prohibited in China includes insider trading behavior of securities and futures insider trading behavior.Considering that there are fewer empirical cases of insider trading of futures,the insider trading researched in this article refers only to securities insider trading behavior.On the one hand,New China has a limited history of developing a market economy,and the experience of legal regulation of insider trading mainly comes from British and American countries where the market is more open.The degree of insider trading behavior is divided into the execution of different legal departments for execution,so the administrative department "does not change the case","substituting punishment for punishment",and the execution of punishment links "different punishments for the same case".China's prohibition of insider trading has both administrative and criminal level regulation.Execution convergence is a gradual evolutionary relationship.According to the empirical study of cases,there is still insufficient in China to regulate insider trading behavior with public power.,Mainly reflected in the impediment of execution.At present,Chinese criminal law scholars' research on insider trading crimes is mainly focused on insider information,insider trading subjects and their behaviors.This article studies the criminal laws and regulations of insider trading in China,and elaborates the legislation prohibiting insider trading from the areas of administrative law and criminal law.Based on this,put forward the controversy of practice in the connection of executions,and then put forward their own perfect views.Based on the analysis of empirical cases,this study concludes that the prohibition of insider trading in criminal law cannot deny the "statutory criminalism" of administrative offenders,which is the value of the independent existence of criminal law.Increasing the amount of criminal law in criminal law can solve the administrative department ' The issues of “unchanging the case” and “substituting a penalty for punishment” can also alleviate the pressure of judicial organs in handling cases and clarify the law enforcement responsibilities of administrative and criminal law.Execution laws also need to unify legal terms,connect punishment mechanisms,and clarify administrative evidence.