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Stock market manipulation criminal regulation of behavior

Author: ZhangYueNan
Tutor: LiuYuan
School: Nanjing Normal University
Course: Criminal Law
Keywords: Stock market manipulation crime Objective aspect Criminal purposes Burden of proof
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 52
Quote: 0
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Abstract


Securities, the Chinese economy has become an indispensable part of life. Securities market, after many years of efforts, China's socialist market economy has become an important part. It is China's economic development, especially investment and financing system reform, optimize the allocation of resources such as to make a great contribution. But at the same time with the Securities Market attendant there securities crimes, including market manipulation is particularly serious, with the social and scientific and technological development, manipulation of behavior becomes increasingly complex and difficult to identify. Securities as a two-edged \Strengthen the supervision of the securities market, stock market manipulation and resolutely combat criminal behavior is imperative. China's criminal law stock market manipulation since the crime, while taking into account China's securities market is just starting to be used with caution penalty; partly because some of the causes of criminal involvement is not smooth, criminal acts against manipulation of the state has been in combat ineffective. However, with the increasing number of stock market manipulation cases, criminal law can no longer be in a wait state, the criminal justice intervention stock market has become a stable market order, highlighting the fairness and justice, a necessary requirement to ensure market efficiency. In this paper, the necessity of criminal stock market manipulation, stock market manipulation crime research and stock market manipulation objective and subjective elements of the Crime discusses three aspects of stock market manipulation crime research. This article specifically divided into the following three parts: the first chapter, the necessity of criminal stock market manipulation. This chapter is divided into three, first \The main features manifested; Section \Chapter II, the subjective and objective elements of the crime stock market manipulation. This chapter is divided into two, the first major analysis of the objective aspect of the crime, combined with China's relevant laws and regulations and the manipulation of the securities market situation, specifically cited the eight kinds of typical market manipulation, ie consecutive trading relatively commission, rinse trading confuse dealing, false reporting, transaction specific time, grab a hat transactions and breach of fiduciary stability operations; Section II analyzes the subjective aspect of this crime, combined with judicial practice and through the United States, Japan and China's Taiwan region relevant legal provisions analysis, the proposed increase in the sin \Chapter III Crime of stock market manipulation. This chapter is divided into three, the first major analysis of crime and legitimate speculation and general violations of the boundaries; Section II analyzes the crime of insider trading, disclosure of inside information about the crime, fabricating and disseminating false information sins securities transactions boundaries and stock market manipulation involved in other crimes during processing; Section III mainly on whether the crime burden of proof should have done some thinking.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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