“老鼠仓”入罪模式及选择

Rat Crime Patterns and Choice

"老鼠仓"是指庄家在用公有资金拉升股价之前,先用自己个人(机构负责人,操盘手及其亲属,关系户)的资金在低位建仓,待用公有资金拉升到高位后个人仓位率先卖出获利。建"老鼠仓"违背职业经理人的一般诚信原则,是严重的职业操守问题,在十一全国人大常委员会第四次会议上,首次提请审议的《刑法修正案(七)(草案)》对基金公司内部披露信息,获取不义之财等交易行为予以严厉打击,现《刑法修正案(七)》已颁布,但关于是否将"老鼠仓"行为入罪以及如何入罪的问题仍然存在争议。

The mouse position is a set of activities carried out by the dealer, who , using private capital（ including that of the office master, maket controller and their relatives as well as the corrrespondece）, buys the stocks at a lower price before using the public capital to raise the stock price, and later on wins profit by selling the private stock when the price is raised to a high level by the public capital. The activity of mouse position violates the general rule of good faith and fare play for the professoinal maneger, and incurs a problem of professonal ethics. In the fourth meeting of 11 th national people＇ s representative committee, it is proposed for the first time to seriously strike the dealing activities such as the illegal disclosure of inside information by bond company for unjust enrichment, which has been stated in the 7th Amendment to Criminal Act. But there still exist disputes over whether the activity should be regarded as crime and how to make prosecution.