Research on Some Issues of Crime of Insider Trading and Divulging Inside Information

The serious deeds of insider trading and divulging inside information in securities business were criminalized in China when Criminal Law was amended in 1997; However, the judicatory practice since then shows that the provisions of the crime are seldom applied. The functions of Criminal Law of prevention, determent and punishment are not well brought into play, which is obviously contrary to crime of insider trading and divulging inside information more and more rampant day by day. The writer holds that one of reasons for it is the defection of Criminal Law itself and the difficulty for judicatory operation, caused by the absence of necessary join and harmony between Criminal Law and the administrative statutes. The essay, established in the provisions of Article 180 of Criminal Law (Amendment), discusses the relating matters about the body, objective aspect and punishment, etc of crime of insider trading and divulging inside information.