证券内幕交易罪犯罪主体的证明方式探析

Analysis of the Proving Method of the Subject of Crime in Securities Insider Trading

内幕交易罪的主体并非"身份犯",除了有特殊主体"内幕信息知情人员"外,还有一般主体"非法获得内幕信息的人员"。前者主要靠书证予以证明;对于后者,现行的法律规定在词语表述上将主体问题与行为问题纠缠在一起。经重新表述内幕交易罪后,根据与内幕信息知情人员的关系,可将一般主体分为四种。四种一般主体各有其特点及证明方式,但证明方式比较复杂的第三种在实践中基本上可以被证明方式更简单的第四种所涵盖。

The subject of the insider trading crime is not ＂Status Crime＂.In addition to the particular subject of＂insiders with inside information＂,there is the generic subject of＂people who have illegal access to inside information＂.The former mainly depends on the documentary evidence to prove,while for the latter,the current legal provisions intertwine the subject issue with the behavioral issue in terms of description.Through re-describing the insider trading crime and according to its relations to the insiders with inside information,the generic subject can be divided into four types,of which each has its own characteristics and mode of proof.For the third type,although the mode of proof is quite complicated,basically it can be covered by the fourth type with a simpler mode of proof.