From Not Acting As The Source Of Specific Obligations,Analyzing The Obligation Of "Violating Regulations And Not Disclosing Important Information"

With the rapid development of China’s securities market,violations and crimes related to information disclosure continue to emerge.From time to time,the news media will report some cases of violations of information disclosure by listed companies.The high amount of money involved and the serious consequences of such cases show an upward trend.Information disclosure entities have illegally disclosed or failed to disclose information that should be disclosed in accordance with the law,which has caused significant losses to the interests of investors,and at the same time,it has filed the enthusiasm of investors.In recent years,many scholars have conducted in-depth and meticulous research on illegal disclosure and have achieved remarkable results.This article starts with the theory of non-commitment as the obligation,and discusses the types of harmful behaviors as the source of the obligation from the crime of illegal disclosure and non disclosure of important information,and briefly analyzes the related issues of this crime as the source of the obligation.The main body of this article consists of four chapters: Chapter One analyzes the basic types of harmful acts,mainly discussing the concept of omissions,the connotation and nature of obligations,and the harm of the crime of illegal disclosure and non-disclosure of important information The behavior types were discussed,the relevant theories of “financial accounting reports” and “other important information” were analyzed in detail,and the manifestations of “violating disclosure” and“non-disclosure” behavior types were interpreted,and finally the harmful behavior of this crime was obtained.It can be done either by way of action or by way of inaction.The second chapter makes a brief analysis of the two theoretical sources of the act of omission as an obligation,and lays a solid theoretical foundation for the following expansion.Then,from the "Four Elements in Form",the theory of the source of obligations is elaborated in detail,and through the discussion of the source of each obligation in the "Four Elements",the crime of "violating the rules of disclosing and not disclosing important information" is analyzed."The source of specific obligations." The third chapter expounds the connotation and function of the degree of the obligation of omission,points out the impact of the degree of the obligation of study on the conviction and sentencing,and discusses from the three perspectives of the cost of fulfilling the obligation,the value of legal benefits,and the degree of violation of the prior act The extent of the obligation to act in this crime.On the basis of the previous analysis and discussion,Chapter 4 elaborates on other issues that should be paid attention to when determining the obligation of "violating regulations and non-disclosure of important information",and clearly points out that directors,supervisors and senior managers are only to be sentenced for this crime.Subject,not as the subject of obligation.At the same time,a detailed analysis of the relationship between gross negligence and moral obligations and obligations is carried out,and it is inferred from this that gross negligence and serious moral obligations can also be the source of this crime as obligations.The last part is the conclusion.Combined with the theory of omission crime as the source of obligation,it discusses the way of harmful behavior of the crime of illegal disclosure and non disclosure of important information again,so as to deepen the understanding of this crime as the source of obligation.At the same time,it briefly reviewed and analyzed the degree of obligation,and fully affirmed the amendment to Article 161 of the "Criminal Law Amendment(11)".The author hopes that through a specific analysis of the crime as the source of obligation,the obligor of information disclosure can clearly recognize the obligation that he should perform,in order to promote its timely and accurate performance of the obligation to disclose relevant information,so as to ensure the sustainable and stable development of the securities market.