Studies On Securities Insider Trading Crime

The remarkable characteristics of securities market in China are burgeoning and in a period of transition.With the illegal securities acts having been increasingly rampant,the securities insider trading has become focus of securities in practicising and theory circles.How to effectively punish and guard against the securities insider trading has become a crucial problem in order to perfect securities market in China.This essay mainly studied the crime of securities insider trading,using the comparison research method,and researched on some problems that exsited in the crime of securities insider trading in China,such as the status quo,criminal components and legislative perfection. This essay is aimed to sum up the legislative status at home and abroad, reflect on the problems that exsited in secureties insider trading crime in China.Basing on the laws of securities insider trading crime in China, It analyzed the four components of securities insider trading crime. Taking examples from the advanced legislative experiences of foreign states, combining with the legislative and judicial practice in China, put forward some useful suggestions on securities insider trading crime.This paper is composed of three parts:The first part is about securities insider trading and crirrrinalization.This part mainly analyzed and cleared several basic concepts such as security, insider trading, crime of securities insider trading, fixed the researching scope of this paper which defined the securities used in the whole essay as negotiable securities of capital securities.;It elaborated on the necessity and importance of crirrrinalization,contrasted the legislatures at home and abroad, and reflected on the problems which exsited in secureties insider trading crime in China.The second part is about the components of securities insider trading crime.This part combined with the laws, rules and regulations of securities insider trading crime in China, analyzed the four components of securities insider trading including criminal object, crime subject, subjective aspect, and objective aspect, and dissected the deficiencies in the components of securities insider trading crime in China,put forward some suggestions such as expanding the scope of crime subject,adopting "Fault-presuming principle" so as to solve the difficulty in affirming the intension of subjective aspect.The third part is about the legislative problems and perfection of securities insider trading crime on China.This part,basing on the analysis of the problems that exsited in securities insider trading crime in China,took examples from the advanced legialative experiences of foreign states, combining with the legislative and judicial practice in China, put forward some useful suggestions on securities insider trading crime including legislative model, names of crime and criminal punishment in China such as combining the model of criminal code and subordinate criminal form;considering the act of letting out insider information as one of forms of objective aspect in deciding insider trading crime;increasing the punishment against qualifications;and adopting pecuniary penalty.The novel points of this paper is that basing on the conclusion of the previous research, this paper researched into the relavant concepts, components and legislative perfection of securities insider trading crime.This paper,using the comparison research method,probed into the problems that exsited in the crime of securities insider trading in China and put forward some useful suggestions.