Crime Of Illegal Disclosure And Non Disclosure Of Important Information

Illegal disclosure,non disclosure of important information on the crime is a controversial accusation of criminal law "disrupting the order of administration of companies" charges,is "the crime of providing false financial report" evolved.06 years of criminal law amendment(six)before the implementation of article 162 nd of the criminal law,the main regulation is the company of illegal disclosure of financial accounting report disclosure behavior,emphasizes the object of financial accounting reports but only the judicial personnel in practice,found that the company enterprise shall disclose the information not only has the financial and accounting reports,especially in the securities market,illegal according to the disclosure,disclosure is not prevalent,serious damage to the interests of investors,and information to those outside shall disclose the financial accounting report,not in accordance with the disclosure or illegal disclosure of the criminal law is not the behavior included in the adjustment range,also cannot impose penalties on it.Therefore,in order to safeguard the interests of investors,to ensure the healthy and orderly securities market order and solve the problems in the judicial practice,the criminal law amendment(six)"of the crime of providing false financial report" has been revised,the formation of the "charges of illegal disclosure,non disclosure of important information on the crime".Compared with "providing false accounting report crime",although the object of this crime,the objective aspect,the subject and so on have been revised and improved,but there are still many problems.Therefore,the author believes that to strengthen the theoretical research of this crime,to explore the measures to improve the relevant legislation,not only for the perfection of the criminal legislation has important theoretical value,which has practical significance for guiding judicial practice,but also makes the stock market information disclosure system is the guarantee of criminal law.The full text is divided into four chapters besides the introduction.The first chapter introduces the legislative evolution and interpretation of illegal disclosure and non disclosure of important information.The main content includes two sections,the first section introduces the false disclosure of important information on the crime of the legislative process,the first of the "crime of providing false financial report" the legislation of ability,followed by introduction of "the crime of providing false financial report" problems and practical obstacles,which leads to revision of "the crime of providing false financial report" as the "necessity of illegal disclosure,non disclosure of important information crimes.The second section is mainly about the illegal disclosure,non disclosure of important information on the crime of interpretation,it is divided into three sections,first introduced the concept of false disclosure of important information crime,followed by a brief description on the content of the system relates to the concept of information disclosure,information disclosure system,the content of non disclosure question the concept of crime of illegal disclosure of important information and basis;followed by analysis of the legal attribute of the crime;finally is to change the elements of this crime in the crime is briefly introduced.The second chapter: illegal disclosure,does not disclose the important information crime legislation question analysis.This part includes two sections of contents,the first section introduces the constituent elements of this crime problems in crime,including the object of the crime problem is the theory of criminal object differences exist,and the differences were simple analysis,concluded that the crime in the criminal law the third chapter third slightly wrong there;provisions on information disclosure does not match the problem will provide false accounting reports as the main behavior of the "Securities Law" and other relevant laws and regulations in the objective aspect of the crime,this crime has finally is not rigorous in the expression of the main subject of crime,"criminal law stipulates that the obligated to disclose the information companies and enterprises" and "shareholders and the public the information users can not be completely equal.The second section is on the legal penalty set up on the problems are discussed,mainly from the statutory punishment set low,single penalty system confusion and the establishment of the crime of qualification penalty of the three aspects of the introduction.The third chapter: extraterritorial legislation on illegal disclosure and other acts of crime legislation and enlightenment.This part mainly studies the Anglo American common law countries and the civil law countries,legislation on information disclosure of illegal crime,investigate the stone of its mountain in order to get some inspiration for perfecting the crime of illegal disclosure for measures.The fourth chapter: illegal disclosure,does not disclose the important information crime legislation consummation.This chapter is the focus of the full text of the crime in the legislative problems put forward a sound proposal.The same is the two part,one is on the elements of the perfect proposal,the two is the legal punishment on the set of perfect measures.On the elements of the proposal,first proof of the crime object is the securities market information disclosure system,securities crime.Based on this,that this crime should be placed in the criminal law the third chapter fourth section of this kind of destruction of financial management order crime;secondly on the objective aspect of the crime problem of the author,delete financial and accounting reports of the content,the direct use of the "report" and "important information" and other words.Based on the above suggestions on this should keep "the crime of providing false financial report";finally,the crime subject statement is not rigorous,put forward "obligated to disclose the information,the company shall carry out the" business "for information disclosure in the securities market,the company in accordance with the law of enterprise".The modification of the objective aspect and the subject of crime can be said to be the innovation on the basis of previous studies.On the legal punishment measures still includes three aspects,the first is should improve the freedom penalty and fine penalty,especially fine punishment,and related administrative penalties consistent;second proposed double punishment of this crime should be sentenced,in addition to the relevant natural person criminal law 161 st prescribed punishment and fine punishment,should the unit will be fined.For economic crimes,the best punishment is to raise the cost of crime;third is this paper proposes to set the qualification penalty for this crime,depriving the perpetrator of recidivism.