内幕交易、泄露内幕信息罪若干问题研究

Research on Some Issues of Crime of Insider Trading and Divulging Inside Information

我国虽于1997年修订刑法时将证券市场严重的内幕交易、泄露内幕信息行为犯罪化了,但新刑法颁布以来的司法实践证明,关于此罪的规定很少被适用,刑法的预防、威慑和惩罚功能并没有得到很好地发挥,这与日益严重的内幕交易、泄露内幕信息的犯罪现实形成鲜明对比。笔者以为,造成这一现象的原因之一是刑法规定本身的不完善以及刑法、附属刑法、行政法规之间缺乏应有的衔接和协调而导致司法操作的困难。本文立足于刑法180条(修正案)的规定,对内幕交易、泄露内幕信息罪在主体、客观方面、处罚等方面存在的相关问题进行了探讨。

The serious deeds of insider trading and divulging inside information in securities business were crimiualized in China when Criminal Law was amended in 1997; However, the judicatory practice since then ,shows that the provisions of the crime ave seldom applied. The functions of Criminal Law of prevention, determent and punishment are not well brought into play, which is obviously contrary to crime of insider trading and divulging inside information more and more. rampant day by day. The writer holds that one of reasons for it is the defection of Criminal Law itself and the difficulty for judicatory operation, caused by the ahsence of necessary join and harmony between Criminal Law and the administrative statutes. The essay, established in the provisions, of Article 180 of Criminal law （Amendment）, discusses the relating matters about the body, objective aspect and punishment, ete of crime of insider trading and divulging inside information.