论内幕交易、泄露内幕信息罪主体识别之规则构造OACHSSCD

As one of the statutory offenders,the crime of insider trading and disclosure of insider infor-mation is quite sensitive to the provisions of the pre-departmental law.In particular,the further improvement of the subject norms of this crime by the revised《Securities Law》is of great significance for regulating insider trading.However,after the implementation of China's stock issuance registration system,how to reinterpret the constituent elements of this crime from the criminal law level has become an important topic worthy of study.In particular,the controversy over the theoretical basis and identification logic of the long-standing subject imputation in practice should be discussed and clarified.The subject identification standard should be based on the theory of information equality as the basis of the subject identification theory;for the identifica-tion of legal insiders,the substantive standard of"position or business relevance"should be upheld;the nar-row understanding of"means theory"should be broken through,and the substantive connotation should be"acquisition without deserving to be acquired".