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A Study on the Problems about the Manipulation of the Securities Market with Crime
Author: LuXiRong
Tutor: HuangKaiCheng
School: Southwest University of Political Science
Course: Legal
Keywords: security manipulation serious Miscellaneous Provisions
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 86
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Abstract
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This article is a legal case analysis. It takes the case that“Wang Jianzhong’s manipulation of the securities market”as an example to study the problems about manipulating the securities market with the crime. The article is divided into four parts:The first part is“a profile of the legal case”.It introduces briefly the reason of the case, the process of the case, the focus of controversy in this case relatively, leading to the following study about the issues relating to the mainpulation of the securites market with crime.The second part is the focus of this article.It analyzes the case combinating the jurisprudence . It is divided into four the following four aspects.The first aspect is a brief of the laws and regulations relating to the behaviors of manipulation of the securities market. The securities market manipulation laws and regulations include the administrative and departmental rules and regulations, economic law and criminal laws.The second aspect is to discuss the objective respect about manipulation of the securities market with the crime. It defines what is the behavior of manipulation of the securities market , determines the nature of the " Scalping" and identifies that the behavior is“serious”.Then it analyzes the three respects above theoretically. Finally it makes a conclusion that Wang Jianzhong’s‘Scalping’is a behavior of manipulation of the securities market and it is also“serious”.The third aspect is to discuss the subject of the manipulation of the securities market with the crime. It begins with the main controversies constituting the subject of this crime as well as my own opinions. Then it ends up with a conclusion that Wang Jianzhong has the subjective qualification with this crime and he himself is also the subject of this crime.The fourth aspect is to discuss the sujective respect of the manipulation of the securities market with the crime. It first analyzes theoretically about how to identify what is subjective and deliberate,then concludes that in this case Wang Jianzhong’s behavior is suspected subjective and deliberate. At the same time ,it analyzes why this case is not the purpose of committing.The third part is the" Improvement of legislation”. Based on the study above, I put forward to my proposals of how to improve the legislation about the the manipulation of formally that the“scalping”is“the manipulation of the securities market”at the right time. In criminal law, this case should be idetifed to be“serious”and should be specificly to be“more than one million profit.”The fourth part is " The conclusion of studying the case". Reviewing the case study, I can make a conclusion that Zhang’s behavior is suspected“the manipulation of securities market”because the behavior has reached the "serious" level and the subject is personal, there is also intentional subjectively in his behavior. So, Wang’s behavior should constitute the manipulation of the securities market with crime.
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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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