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On the Legal Supervision and Management of Insider Trading in China

Author: ZhangHuanYu
Tutor: ZhangYunFu
School: Capital University of Economics
Course: Economic Law
Keywords: Insider Trading in Securities Government-led Traditional social norms Market-oriented regulatory approach
CLC: D922.287
Type: Master's thesis
Year: 2006
Downloads: 634
Quote: 2
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Abstract


Insider trading, the most serious securities violations, as an American writer in a monograph expose Wall Street insider describes it, \Such securities fraud securities market may be as old. Western economic theory, all the drawbacks of the securities market can be attributed to the failure of the securities market. In accordance with the principles of economic law, the basis and prerequisite for market failure is the government intervention in the market. As information failures are inevitable phenomenon securities market, information failure will lead to the occurrence of insider trading and other securities fraud, the government securities market regulation is the situation trend. However, the risk of government failure also exists, therefore, the government securities market regulation must meet two basic principles of supervision according to law and proper regulation. Securities market an important part of the legal system, the legal regulation of insider trading, it is necessary to combat insider trading, but also attach importance to standardize state intervention in the regulatory process in the insider trading. This is particularly important in China, because China's securities market is government-led, government played a leading role in the formation of the securities market, the process of development. This role has a positive side - China's securities market is only 10 years gone through a developed country with more than a hundred years walked the streets, but also has a negative impact - it makes China's securities market laid the stigma of the government-run, China's stock market became public stock market and become the policy of the city \It is because of this government-led, China's stock market initial positioning deviation is positioned as tools for the reform of state-owned enterprises, and other important features of the stock market should have been seriously weakened; precisely because of this government-led Government still \Another fundamental reason is that the legal regulation of China's securities market failure \In such a society, people lack a sense of community, emphasizing self-interest; acquaintances social characteristics and focus on \Of course, the China Securities insider trading laws regulation ineffectiveness there are many other reasons, but for two reasons, in my opinion is the most fundamental. Following this idea, the author proposes a fundamental strategy to improve the China Securities regulation of insider trading laws: First, the implementation of market-oriented securities regulatory mode; Second, building a full range of social supervision system; Third, improve the securities insider trading laws responsibility system.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Securities and Management Act
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