英文摘要 |
Since recent years, some American scholars have claimed that issuer-licensed insider trading should be allowed. If cases of this kind occur in China, then they are highly likely to be regarded as administratively illegal considering China's current legal regime and enforcement status quo. However, it remains questionable whether such hypothetical insider trading cases would raise criminal liabilities. Therefore, this article revisits the current interest-identifying criminal theories in China, and argues that anti-fraud theory that derives from fiduciary duty should be introduced to identify the essential interest that should be protected by criminal law for insider trading. Moreover, this article argues China's judiciary should independently ascertain if the insider trading cases before it should criminalized, and further specify certain types of insider trading behaviors (including issuer-licensed insider trading) that should be decriminalized. |