Constitutive Elements of Securities Insider Dealing Crime
Wu Yan
Abstract
Wu Yan
Abstract
Insider dealing can be described as the chronic disease in China's securities market. Despite the great effect from the securities regulatory commission and other judicial departments in recent 10 years, only small amount of cases in China has been accepted as dealing case, even these cases have been issued, most of the final solution can be expected as just administrative penalty, insider dealing is still rampant in this country, and one of the important reasons that leads to this serious circumstance is the inadequate knowledge of the mains issues of insider dealing crime. In order to implement the Securities Law, Criminal Law and fight with insider dealing more effectively, combined with the relative laws, regulations and current academic theories, intends to analyze and discuss the definition of insider dealing, the definition and scope of insider information and insiders; the object and subject of insider dealing crime; the subject elements and objective elements of insider dealing crime.
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Insider dealing can be described as the chronic disease in China's securities market. Despite the great effect from the securities regulatory commission and other judicial departments in recent 10 years, only small amount of cases in China has been accepted as dealing case, even these cases have been issued, most of the final solution can be expected as just administrative penalty, insider dealing is still rampant in this country, and one of the important reasons that leads to this serious circumstance is the inadequate knowledge of the mains issues of insider dealing crime. In order to implement the Securities Law, Criminal Law and fight with insider dealing more effectively, combined with the relative laws, regulations and current academic theories, intends to analyze and discuss the definition of insider dealing, the definition and scope of insider information and insiders; the object and subject of insider dealing crime; the subject elements and objective elements of insider dealing crime.
Key concepts: Insider, Insider trading, Scope (computer science), Commission, Business, Inside information, Subject (documents), Order (exchange)