证券市场导报Issue(12)：43-53,11.
行刑交叉视角下内幕信息刑法认定的理论透视与规则重构
摘要
Abstract
The connection between administrative and criminal law pertaining to the theory of determining insider information remains inadequate,leading to divergent interpretations of existing rules,and the logic and problems in the practice of criminal law have not been fully explained.Insider information needs to have certainty and relevance,both of which should be included in materiality.The certainty factor includes not only the traditional accuracy and completeness of information but also the probability of occurrence of material events.The relevance factor is used both to exclude information that is too macroscopic and as the theoretical basis for the study of insider information categorization.The point of time for the formation of insider information as a medium of legal presumption needs not to consider the accuracy and completeness of the information.It should be consistent with the starting point of the management period of insider information in the administrative law and used as the starting point of the time for monitoring insider trading with reference to the practice of differentiation of classification.The point of time for the formation of insider information as a constituent element corresponds to the starting point of the prohibition period of insider trading in criminal law,and factors related to the accuracy and completeness of information in materiality should be taken into consideration.Additionally,attention should be paid to differences in information between different subjects.关键词
内幕信息/行刑衔接/重大性/确定性/相关性Key words
insider information/connection between administrative and criminal law/materiality/certainty/relevance分类
社会科学引用本文复制引用
沈伟,陈徐安黎..行刑交叉视角下内幕信息刑法认定的理论透视与规则重构[J].证券市场导报,2023,(12):43-53,11.基金项目
中证中小投资者服务中心项目"体系化构建证券期货纠纷调解与仲裁机制研究" （）
