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北美作业代写:Insider trading in securities markets

2018-06-07 来源: 51due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文- Insider trading in securities markets,供大家参考学习,这篇论文讨论了证券市场的内幕交易。内幕交易是证券市场典型的证券市场投机行为,严重违背了证券市场的原则,不利于证券市场的资源配置功能,阻碍了证券市场的发展。近年来,证券期货交易活动的日趋活跃,但内幕交易等违法犯罪活动屡禁不止,严重扰乱了资本和证券市场运行秩序。随着内幕交易越来越严重,无论是政府还是学者都意识到问题的严重性,国家为此制定了专门的法律以期减少此种现象。

Insider trading,证券市场内幕交易,essay代写,paper代写,北美作业代写

Insider trading is a typical stock market speculation in the securities market, seriously violated the securities market "openness, fairness and justice" principle, is not conducive to the securities market resource allocation function, hindered the development of the securities market. In recent years, securities and futures trading activities have become increasingly active, and illegal and criminal activities such as insider trading and disclosure of insider information have been prone to frequent occurrence, seriously disrupting the operation order of capital and securities markets. In order to reduce the phenomenon of insider trading in China's securities market, this paper analyzes the reasons for the formation of serious insider trading in China's securities market, and puts forward several countermeasures to curb insider trading.

Along with our country economy gradually improved, the development of economy as well as track to internationalization gradually, more and more people attach importance to the development of the securities, more and more people to participate in the securities trading, but in this field, the participants of the securities and exchange is someone glad someone sad, due to the interests of the economic development, more and more people are beginning to realize that the huge benefits, some people began to insider trading in the process, in order to gain maximum benefit. However, apart from the ideological reasons of greed, the reasons are more external. The reasons for insider trading in the securities market include three aspects:

Insider trading is a kind of speculative trading behavior carried out by insider traders under the precondition of information possession. Therefore, in insider trading, the information distribution of different investors is different and the information of the same securities is quite different, which provides a potential premise for the occurrence of insider trading behavior. In the environment of information asymmetry, the manipulation of information by insiders who possess environmental advantages aggravates the degree of information asymmetry. There are two kinds of general information operator's behavior, one is hiding the existing real information, 2 it is to make false information, through these two kinds of improper way make trading nature into trading under the condition of asymmetric information, then with the advantage of information one party can use the significant information released by the time market manipulation, insider trading, will risk transfer to the other party of the market, to make it to undertake extra losses.

Eighteen big again, market allocation to rise to the basic position, with the importance of market resources, its development also gradually exposed the shortcomings in our country, the largest on the one hand, is characterized by lack of market credit, credit is to lay the cornerstone of market economy, is to maintain the normal order of social and economic life moral criterion. The establishment and improvement of social credit system is one of the objective needs and basic contents of the socialist market economy system. The securities market credit is seriously insufficient, various kinds of illegal operations emerge endlessly. First of all, many companies do not hesitate to make fake accounts, through the preparation of false financial statements to obtain listing qualifications; After listed, or to related party transactions, or to speed up the growth of accounts receivable, or increase the non-operating income, through false profit, access rights, which in addition to the benefit from the share price volatility, few people get benefits from the listed company is higher than bank interest. Second, the social intermediary organizations lack of credit. Serious fraud is common in the practice of asset appraisal firms, accounting firms and auditing firms.

China's securities market after more than 10 years of development, has initially established the self-discipline management system, stock exchange and the securities association of importance is given to the self-discipline management function, the self-discipline management also had a certain role to play. However, the regulation of the securities market stipulated by China's securities law is mainly administrative supervision, but no systematic expression of self-regulation. This is mainly because China is in the transition period, and the market development is mainly led and promoted by the government. The supervision of the market also relies on administrative power. The self-regulation management mechanism and function have not been put into full play, and the legal self-regulation management of securities market also lacks the corresponding status. Due to historical reasons and special national conditions, at present, our country stock exchange and the securities industry association with certain administrative color, also the lack of proper independence, not in the true sense of self-discipline organization, is generally regarded as quasi-governmental agencies. Correspondingly, the self-regulation management carried out by stock exchanges and securities industry associations is often regarded as an extension of government regulation. The power boundary between self-regulation management and government supervision is not clear enough, and the division of responsibilities and supervision mechanism have not been straightened out.

We should try to learn from the European and American countries' successful countermeasures against insider trading countries and gradually introduce their effective theories, means and judicial practice system on insider trading supervision to China. For example, by defining insiders in a more open and detailed legal framework, the us system of burden of proof is adopted for securities violations such as insider trading and price manipulation. In addition, the relevant laws such as the insider-trading laws, such as the small and medium-sized investors protection act should also speed up the legislative process, let the crackdown on insider trading, maintaining the rights and interests of investors, improve the efficiency of stock market regulatory action has a solid legal basis for support, is to build a curb insider trading system is an important measure.

There is nothing wrong with the role of regulators in the operation of the securities market, but at the same time we cannot ignore the problems. Due to the division of executive power in the special status and monopoly, regulatory role in the development of the securities market should not be ignored, if regulators labor do not, that is not power enough and hindering the execution of supervision work, and should be the regulator itself is not a kind of subjective initiative. When proper interests and power are given, it is an effective way to improve the current regulatory effect in China only to strengthen the accountability investigation of the main body of the regulatory authority.

Media from all walks of life have many fragmented and range, the reporters with a smart brain, they can use the reporter of the special status, by various means and ways to get to know some details of the insider trading related personnel, give full play to the supervision function of media in society, at this point, the government can give appropriate reward and the administrative encouragement. At the same time, due to the fact that insider trading is difficult to be dealt with and hard to obtain evidence, we can also consider giving people who report insider trading considerable bonus encouragement and security guarantee. It is believed that this approach will enable more stakeholders to actively pay attention to insider trading events and report them. The government maximizes the regulatory system by mobilizing all available forces in the market.

Since the civil liability of the insider trading is a kind of tort liability, this responsibility is based on tort, and the composition of tort including illegal behavior, causality, the victim's loss, core problem of imputation. In the process of constructing the civil liability of insider trading in China, these problems also have to be taken into account. In the process of system construction, it is very important to effectively implement the system. We are in the process of establishing the civil liability of securities insider trading is not only to guarantee the victim on the entity laws, and to safeguard the victim on the procedure and litigation and convenient to obtain relief. Especially in the securities market, there is a large number of simultaneous trading at the same time, which makes the number of victims in insider trading often large. However, when the victim conducts a private lawsuit to protect his rights, he may abandon the lawsuit due to the complexity of the case, the weakness of individual power and the complexity of the proceedings. Therefore, it is necessary to establish an effective implementation mechanism of civil liability for insider trading.

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