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2009•Journal of Yangzhou Polytechnic CollegeRequires access

Reflections on Criminal Legislation for Rat Trading Problem——Analysis of Perspectives Compared with Relative Crimes

Mao Xiao-xia

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Abstract

There has been more and more concern for Rat trading problem in securities market.In Amendments to the Criminal Law Ⅶ,this problem has been included in the crimes of insider dealing and revealing inside information.As a matter of fact,this crime is quite different from Rat trading in behavior characteristics,which is not a proper approach.Meanwhile,the assumption about the crime of violating responsibilities of which many people approve,may be conflicted with our current legislation.According to the real essence of Rat trading crime and our criminal legislation,a middle course is to establish a crime of violating responsibilities by financial employees,as one of Article 182 in the Criminal Law.

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What this paper is about

There has been more and more concern for Rat trading problem in securities market.In Amendments to the Criminal Law Ⅶ,this problem has been included in the crimes of insider dealing and revealing inside information.As a matter of fact,this crime is quite different from Rat trading in behavior characteristics,which is not a proper approach.Meanwhile,the assumption about the crime of violating responsibilities of which many people approve,may be conflicted with our current legislation.According to the real essence of Rat trading crime and our criminal legislation,a middle course is to establish a crime of violating responsibilities by financial employees,as one of Article 182 in the Criminal Law.

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Available abstract

There has been more and more concern for Rat trading problem in securities market.In Amendments to the Criminal Law Ⅶ,this problem has been included in the crimes of insider dealing and revealing inside information.As a matter of fact,this crime is quite different from Rat trading in behavior characteristics,which is not a proper approach.Meanwhile,the assumption about the crime of violating responsibilities of which many people approve,may be conflicted with our current legislation.According to the real essence of Rat trading crime and our criminal legislation,a middle course is to establish a crime of violating responsibilities by financial employees,as one of Article 182 in the Criminal Law.

Key concepts: Legislation, Insider trading, Criminal law, Business, Law, Market manipulation, Inside information, Law and economics

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