On The Identification Of Insider Trading

Insider trading almost Accompanied by securities markets , and even as old as securities market. With the development of securities markets, insider trading behavior is much more than before. At present, most contries set a law to prohibit this kinds of behaviors. In China's securities market, insider trading is common. China's securities legal system is not perfect, the legal definition of insider trading is to be avoided, which led to insider trading, can not be effectively regulated If the standards of insider trading was not discussed, along with the development of securities markets, insider trading will be seriously hurt investors'enthusiasm, affecting the optimal allocation of resources and impede China's economic development. This paper,I will try to discuss the standard of insider trading.It is helpful to handle cases of inside trading for the CSRC and the Court to establish a reference standard.I will divide this article into five parts, that is, general talking about insider trading, the insiders, the inside information, the ways of insider trading, conclusions.In Chapter I,I defined whatis insider trading ,discussed the nature and characteristics of insider trading . At the same time,I hold an opinion that inside trading has three constituent elements.the aim of insider trading for a general introduction is an exposition for the theory behind the stage.In Chapter II, III and IV ,I will give an Analysis on on the three elements of insider trading respectively ,that is , insiders, insider information, ways of insider trading .With insiders, I will give a research on the legislation of different countries or regions, meanwhile give a classification. on this basis, in accordance with these different types of insiders ,I proposed that a different standard. also give some advice on amendments of China's securities laws;On insider information, I believe that openness and non-insider information is very important ,and to identify whether the information is opened, the information is of great or not;About forms of insider trading, by comparison with other legislation and judicial practice in the case of insider trading, I sum it up in three types:holding insider information to trade, Leaking insider information, receiver leak insider information. I note that, in securities trading, existed above three types of trading ,but it is not necessary to be included in insider trading system to regulate , which requires the establishment of insider trading rule out system,in order to get a more scientific way to regulate insider trading. The last part, i summ up standards of insider trading in three ways, and design some legal provisions, with a view to play a constructive role in regulating the China securities insider trade practices.