美、中证券内幕交易比较初探
Comparison between Chinese and American Securities Insider Trading (美、中证券内幕交易比较初探)
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Securities insider trading is a very common and highly jeopardizing economic criminal behavior in the securities market. Prohibition of securities insider trading is the common attitude adopted by almost all countries around the world to protect the fairness of the securities market, safeguard the confidence of investor and promote the development of the securities market. Although Chinese <Securities Law> issued in 1999 was modified thoroughly in 2005, the supervision on Chinese securities market’s insider trading is still lack of efficient measurement, especially on internal trade supervision .This paper uses the comparative analysis method to make research on the prohibition of securities insider trading of U.S.A and China. First, law history of American and Chinese prohibition of securities insider trading and the problems of Chinese securities insider trading were introduced. Secondly, subject of law enforcement of prohibition of securities insider trading, insiders, insider trading information, insider trading behavior and law responsibility of insider trading are introduced, and the common grounds and different grounds of them are analyzed. Thirdly, based on the analysis, the paper brings forward some suggestions to further amendment of Chinese prohibition of securities insider trading.
Abstract
Securities insider trading is a very common and highly jeopardizing economic criminal behavior in the securities market. Prohibition of securities insider trading is the common attitude adopted by almost all countries around the world to protect the fairness of the securities market, safeguard the confidence of investor and promote the development of the securities market. Although Chinese <Securities Law> issued in 1999 was modified thoroughly in 2005, the supervision on Chinese securities market’s insider trading is still lack of efficient measurement, especially on internal trade supervision .This paper uses the comparative analysis method to make research on the prohibition of securities insider trading of U.S.A and China. First, law history of American and Chinese prohibition of securities insider trading and the problems of Chinese securities insider trading were introduced. Secondly, subject of law enforcement of prohibition of securities insider trading, insiders, insider trading information, insider trading behavior and law responsibility of insider trading are introduced, and the common grounds and different grounds of them are analyzed. Thirdly, based on the analysis, the paper brings forward some suggestions to further amendment of Chinese prohibition of securities insider trading.
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