A Qualitative Study Of The Criminal Law Of Someone Stealing Others’ Stocks And Selling Them To Himself

The development and development of the securities and securities market have greatly promoted the exchange efficiency of the market and the optimal allocation of capital.At the same time,with the popularization and intelligent development of the computer,the combination of securities market and computer makes the securities trade develop in the direction of automation and intelligence.But at the same time,the fast,automatic stock market transactions,making some citizens securities crime more interests of concealment and facilitation,intruding into the stock account sale of stock of others becomes a crime for the most common crime in the.Because of its own rules and crime behavior with the help of the computer to complete the securities market transactions,thereby increasing the judicial organs to grasp the essential characteristics of the crime behavior of the difficulty,the main reason for this qualitative crime is in the judicial practice have different opinions.Combined with specific cases in judicial practice,this paper analyzes the related issues of invading others’ stock account and buying others’ stock behavior,so as to provide guidance for judicial practice.This paper is divided into four parts,a total of about 23000 words.The first part: the brief introduction of the case.The second part: the focus of the dispute in this case.Based on the analysis of the case and sum up the differences of opinion in practice,summed up the following issue: one is to distinguish the trespass of stock account transactions and their behavior and the right to act;the two is whether the stock market can become the object of crime of property violation crime;three is the penetration of others with their own stock account causing larger transactions the loss of behavior constitutes the crime of intentional destruction of property;the four is whether the stock trading account with their trespass to others caused by large losses the fraud;five is intruding into the stock account transactions and make great loss to others constitute larceny;six is the property loss in the case of how to determine the amount of.The third part: the jurisprudential analysis of the focus of the case in this case.From the following aspects to analyze the focus of controversy: first,through the process of securities market transaction legal analysis intrusive stock account transactions with their conduct didnot constitute a right to act;two,through the analysis of the nature and characteristics of the stock that stocks as a portfolio,can become the object of crime the type of property crime;three,the damage behavior of the crime of intentional destruction of property analysis that grasp invade other stock account deals with his behavior does not belong to the destruction of behavior of the crime of intentional destruction of property;four,the elements of the objective elements and the object of the crime of manipulating the securities market analysis in this case the behavior of human behavior is not in accordance with the crime of manipulating the securities market.Five,according to the rules of the securities market transaction process,grasp the concluded that the intrusive stock account with their transactions in despite of fictitious facts,conceal the truth means,but this is only a fragment of the entire crime performance,the overall grasp of the invasion of others with their own stock account transactions that the crime does not meet the.Cheat the elements of the crime;six,intruding into the stock account transactions and their use of the Internet is only in form,follow the securities trading rules for stock trading in the stock market,but its essence is still the secret theft of property behavior,the objective aspect conforms to the larceny;seven,intruding into the stock account and their trading property the amount of loss to others should be based on the crime behavior of the stock closing price minus the actual transaction price,and market changes should not consider the future of the stock market to bring the behavior and the victim of property changes.The fourth part: the analysis and conclusion of the case.Through the above legal analysis and the case,we conclude that Qian’s behavior constitutes theft.The amount of theft should be based on the actual loss of the victim.The fifth part: the study of this case.In judicial practice,in determining the crime of infringing on the interests of the citizens,we must first grasp the different roles of the parties in the transaction process of the modern securities market,and make a legal evaluation of the behavior on this basis.We should also pay attention to the distinction between civil actions and criminal acts.