基金“老鼠仓”的法律规制研究——兼论《刑法修正案(七)》(草案)相关规定的缺陷及完善

Study on the Legal Regulation of "Rat Trading " Fund——on the defects and improvement of the relevant provisions of " Amendment to Criminal Law of PRC(Ⅶ)"(draft)

"上投摩根老鼠仓"等事件曝光及查处以来,基金"老鼠仓"成为了社会热点问题。认定基金"老鼠仓"应把握其五个成立条件。基金"老鼠仓"法律规制的要点在于加强政府监管,依法落实其行政责任、民事责任和刑事责任,并完善相关制度。《刑法修正案(七)》(草案)关于"金融从业人员背信罪"的规定存在缺陷,应从其内容的规定、表述和增设等方面进行完善。

Since ＂Rat trading of the Morgan case ＂ came to light and was dealt with, the ＂Rat trading ＂ Fund has become a hot social issue. To identify ＂rat trading＂ funds one should grasp the five conditions. The essential point of the ＂Rat trading＂ Fund regulations is to strengthen government supervision, to implement its administrative responsibilities in accordance with the law, to locate civil liability and criminal liability, while improving relevant systems. Due to the defects in the previsions for ＂financial crime of breach of trust of employees＂ in the Amendment to Criminal Law of PRC（Ⅶ） （ draft）, we should bring them into perfection by such means as clarifying specifications of the contents, enhancing the accuracy of expression, and adding qualifications.