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My Country's Short-term Trading Is Included In The System Application Research

Posted on:2019-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:R J LinFull Text:PDF
GTID:2436330569486678Subject:legal
Abstract/Summary:PDF Full Text Request
Insider trading jeopardizes the development of the securities trading market and is an important issue shared by regulators of securities markets in various countries.As a precautionary measure for insider trading,the short-term trading system has emerged.It classifies the short-term transaction gains obtained by insiders of listed companies into the company's ownership,forming a pre-regulatory and deterrent mechanism for insider trading,so as to safeguard the confidence of public investors in the securities trading market and ensure the sound development of the securities market.Although Article 47 of the "Securities Law" in China stipulates the system of short-term transactions,it still has a certain gap compared with the mature legislative system in overseas countries.The main purpose of this paper is to study the application of China's short-term trading system,to reveal the problems in its application,and to explore possible solutions to make feasible suggestions for the improvement of China's shortterm trading system.Give full play to its function.The first part explains the basic concepts of short-term trading,and focuses on analyzing the nature of the right to include,reviewing and commenting on the mainstream view of the academic community,and considering that the nature of the right to join is the right to request.Finally,it discusses the value function of the shortterm trading system.The second part analyzes the application of China's short-term trading system,and looks into the difficulties and deficiencies of its legal application,including: the identification criteria for short-term trading entities are not clear;the object of shortterm trading is simple;the exemption system machinery;the short-term trading income calculation method is not clear;The main provisions of the exercise of the right to be subsumed and short-term trades included in the supporting measures need to be improved.The third part draws on the excellent experience of other countries and regions,and based on the defects existing in our country's existing laws,the author tries to propose corresponding suggestions in various aspects such as short-term transaction subject and object.
Keywords/Search Tags:Insiders, short-term transactions, disgorgement
PDF Full Text Request
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