Violation Of Disclosure,Non-Disclosure Of Material Information Crime Subject To Identification

Information disclosure information crime has undergone two legislative expansions after the Amendment(VI)to the Criminal Law and the Amendment(XI)to the Criminal Law,which improved the provisions of the crime of non-compliance with disclosure and non-disclosure of material information and explicitly included controlling shareholders and actual controllers in the subjects of recourse,but at present,the constitutive subjects of the crime of non-compliance with disclosure and non-disclosure of material information are still unclear.This article studies the clarification of the subjects of the crime of non-compliance with disclosure and non-disclosure of material information in the current criminal law.This article discusses and analyzes the scope of subjects that should be regulated in this crime according to the current situation of jurisprudence and judicial application,and discusses the judicial application dilemma such as the identification of directly responsible persons in charge,the distinction and scope of identification of controlling shareholders and actual controllers,and how intermediaries can be better regulated by criminal law.First,in the identification of "directly responsible persons in charge" must be considered when the subject has the identity,authority and actual role of the three conditions,so as to prevent the expansion of the identification;second,in the identification of the actual controller and the controlling shareholder,first of all,according to the predecessor law to distinguish between the two,followed by a clear equity ratio is not the only actual controller Second,in determining the actual controller and controlling shareholder,firstly,the distinction between the two is made according to the antecedent law,secondly,it is clear that the ratio of equity is not the only factor in determining the actual controller,and that the shareholders of the company should be included in the scope of the determination of the actual controller;in determining the controlling shareholder,a comprehensive analysis and comprehensive judgment should be made,and a discussion on the complicity of the controlling shareholder and the actual controller in the company with or without employment,how to accurately distinguish the acts of the controlling shareholder and the actual controller from the acts of organizing and directing,and how to determine the nature of the acts respectively according to the circumstances of the case;third,to discuss the nature of the acts in Thirdly,we will discuss how to increase the responsibility of intermediaries,such as accounting firms,through criminal law in the context of the registration system in the securities market,and how to provide practical suggestions to improve the determination of the subject of the crime of non-compliance with disclosure and non-disclosure of material information,so as to effectively and precisely combat the subjects behind the crime of information disclosure and achieve a win-win effect of criminal law.