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Criminal Analysis of the Crime of the Fund Rat Trading

Author: JinYan
Tutor: LuQinZhong
School: East China University of Political Science
Course: Criminal Law
Keywords: Crime of fund Rat Trading Business Secret The seventh Amendments of the Criminal law
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 134
Quote: 1
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Abstract


The crime of the fund rat trading is a new financial crime , and the most frequent pattern of the manifestation is :the fund manager buys the stocks with his own money at a low price and then sell them at a higher price to get the illegal profit before pulling up some stock with the public funds. This crime violates the financial order seriously. However, this behavior is not be regulated definitely as a crime by the criminal law ,so it is difficult to be investigated with the criminal responsibility but the economical and administrative responsibility according to our law.In this situation, the crime of the fund rat warehouse has serious influence on the normal developing order of the financial market because of less effective attack .The scholars and the experts have the same idea of that the people ,who has serious affection on the fund market order ,should be investigated with the criminal responsibility .But there are many different opinions about how to confirm the charge of this behavior.The main opinions are: first , the crime of the rat trading should be convicted as the crime of inner trading; second, the crime of infidelity should be added into the criminal law ;third ,the crime of the natural person should be added into the charge of making use of money illegally. Fourth, the actor should be convicted as the crime of taking with the post .Fifth, the actor should be investigated according to the crime of operating the same business illegally.These opinions above show the characteristic of the crime of the rat trading from different sides. However, we will find that the essential characteristic is not be illustrated.In order to attack this criminal behavior , the second item, section 2 of The seventh Amendments of the Criminal law makes new prescription. But scholars’standpoints are not same .The writer thinks that the message that the actor use should be the message what goes on behind the scenes .The charge of this crime should be confirmed as“The financial people dealing with the inner message”.We should find that the influence of the criminal law on preventing the crime of rat trading is limited. The best way to prevent the behavior of the rat trading is to perfect the system of manage of administration , and to enhance the responsibility of staffs.

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