日本对证券犯罪的法律规制与防范对策

Japan’s Legal Provisions and Countermeasures against Securities Crimes

二战后日本《证券交易法》实施以来,日本证券市场的监督与管理体制发生了深刻的变化,纷繁复杂的证券犯罪是促动体制不断变革的主要原因。迄今为止,日本已经通过不断地修订法律确立了对证券违法和犯罪行为进行处罚的制裁体系,其中既有和我国刑法规定相一致之处,也有很多独特的地方,很有借鉴意义。

Great changes have taken place in the supervision and management systems of Japan＇s stock market since the implementation of the country＇s ＂Securities Trade Law＂ after the WW II, with complicated securities crimes being one of the chief causes propelling the changes. So far, through successive modification of the relevant laws, Japan has already formulated systematic statutes to punish securities crimes, among which are found similarities to the related provisions in China＇s criminal law as well as peculiarities that are unique to Japan. Much of it remains for us to learn from.