The National Civil Servants Of Insider Trading

With the increase of the capital market popularity,insider trading problems emerge in endlessly,and the appearance of many new forms of more secretive forms of insider trading case,the problem is widely attracted the attention of the people.CSRC officials in disclosure of cases involving insider trading are gradually into people’s horizons,whether the state civil servants can be used as the main body of insider trading has become a must study subject,the author found that the current law for the regulation of insider trading subject adopt closed type list,not to the state civil servants as the main body of insider trading a reasonable legal that opportunity,but the author thinks that national public servants insider trading not only harm the healthy development of securities market,but also harm the authority of the government,is more serious is that increase the distrust of the investors in the securities market,the author thinks that the problem should receive due attention,should be killed in the bud.Because insider trading case is inherently has the characteristics of confidentiality,not proof,but China does not have enough information for the research,the author noticed the related legislation in the United States at this time.Degree of legislation in the United States and has been very mature and has very important significance,leading level of legislative activity in the United States is also visible,in the national civil servants of insider trading regulation in the United States has its own laws,the author write this thesis.through the foreign literatures and using domestic relevant information on securities law in America,The form of the realization of the completion of the graduation paper mainly through access to foreign language data for translation and finishing,to the United States issued "it is forbidden to use the congressional intelligence exchange act" to conduct a comprehensive interpretation.The first part puts forward problem,that is,why do I want to study in this direction and the subject can solve which problem.The second part introduces the ministry standard significance of law,this part is mainly about it promulgated background,necessity,independent value analysis,comprehensive evaluating its effectiveness.The third part is the legal controversial,The fourth part is the various issues,the fifth part is a reference to china,the last part the author will come to the conclusion that the law has its advantages and disadvantages,China legislation should take wait-and-see attitude,can not blindly follow suit,should find a suitable legislation of China’s national conditions.In the process of this paper is discussed the author mainly adopts the method of analogy,and examples,that the United States without specifically formulated relevant laws to regulate state civil servants of insider trading behavior,the United States can completely according to the existing theory to explain the state civil servants can be used as the main body of insider trading,and the judges in the legal practice can infer the state civil servants is the obligation of good faith.So the author thinks that the independent value of law promulgated by the department needs to be discussed,at the same time,because the process of enforcing the law is not enough and clear provisions not specific enough,brought a series of problems.But I think not therefore deny the positive significance of law,because it is produced under the call of people,although there is a transfer people suspected of attention,but it does to resist corruption and establish confidence,we should comprehensive analysis the problem,can not blindly accept or reject.We should use the basis of an analysis of the objective comprehensive problems,and learn from American legislative activities,take the essence and discard the dregs.We should continue to focus on the operation situation of the law,according to China’s basic national conditions to design our own legislation.The author of this paper main contest is the study of American officials banned the insider trading legislation and its reference significance to China,this kind of research in domestic haven’t saw a thesis,had not formed a mature research system,the author of this paper finishing their superficial conclusions through translation,hope to be able to provide an idea for the researchers behind and become the most basic information,to make my due contribution.