利用未公开信息交易罪的罪量要素

On Amount Elements of the Crime of Trading on Nonpublic Information

适用利用未公开信息交易罪中其量刑情节的档次成为问题。对此,全部援引说认为,该罪可以援引内幕交易罪关于"情节特别严重"的规定。在内幕交易罪中,"情节严重"与"情节特别严重"均属罪量要素,既是定罪的标准,也是量刑的依据,而利用未公开信息交易罪中,"依照第一款的规定处罚"同样包括援引其入罪标准和量刑条款,存在"情节特别严重"的情形,因此也就可以参照内幕交易罪的相关法定刑。

The grade of the sentencing circumstances of using information not publicly traded crime becomes a problem. In this regard, all quoted said that the crime can be quoted in the crime of insider trading on the plot of＂ particularly serious＂. In the use of undisclosed information dealing offense of＂serious cases ＂and ＂especially serious＂ crime belong to the amount of elements, where the circumstances are serious as the amount of crime elements both conviction standard, but also the basis for sentencing, and Criminal Law Section 180 paragraph 4 shall be punished in accordance with the first paragraph, also includes a reference to its incriminate standards and sentencing provisions, in ＂especially serious＂situation, it can refer to the crime of insider trading in particularly serious legal punishment.