Optimization of the Judicial Regulation Path for the Crime of Trading in Undisclosed Information

DOI

10.2991/assehr.k.220504.389How to use a DOI?

Keywords

The crime of trading in undisclosed information; Crime of insider trading; Judicial transfer; Undisclosed information; Constituent elements

Abstract

In the era of preventing and resolving major financial risks, how to prevent illegal securities activities has become an important times task of current financial work and political-legal work. From the analysis of the Huarong case, the Baoshang Bank case, the HNA case and the Evergrande case, it can be fully concluded that the accumulation of violations in the securities market and the lack of supervision have become an important incentive for China’s systemic financial risks. At present, in the process of investigating and handling the crime of trading in undisclosed information, there are problems such as unclear determination of the constituent elements of “use”, lack of supervision of the “administrative-judicial” transfer mechanism, and vague standards of crime and non-crime. The above problems directly cause the crime of trading in undisclosed information has grown significantly in recent years. Governing and preventing the crime of trading in undisclosed information is a systematic social governance activity. It should give full play to the advantages and efficiency of collaborative governance, optimize and improve it by scientifically defining the use behavior, improving the transfer judicial supervision mechanism, and clarifying the criminalization standards.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Youchen Geng
PY  - 2022
DA  - 2022/06/01
TI  - Optimization of the Judicial Regulation Path for the Crime of Trading in Undisclosed Information
BT  - Proceedings of the 2022 8th International Conference on Humanities and Social Science Research (ICHSSR 2022)
PB  - Atlantis Press
SP  - 2148
EP  - 2152
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220504.389
DO  - 10.2991/assehr.k.220504.389
ID  - Geng2022
ER  -