China's stock market through the spouse
Zhang Shu Yu Yong's wife, Department of State
, in the present case, Zhang Shu Yu at home to hear the case, the phone with people talking about the insider information, albeit passively, by chance learned and actually has become inside information, insider trading, non-disclosure cannot and does not recommend others to buying the "three". But the case for Zhang Shu Yu accident was informed of the specific conduct administrative punishment, is the first law enforcement practice of the Commission. In the Securities Act, insider trading, including two types of people, that is, inside information, the official and illicit access to insider information. For inside information, insider make legal provisions cited, and also set the transparency to enable the Commission to require of others. For illicit access to inside information, the securities Act
Replica Watches does not clearly stipulate that mainly refers to the eavesdropping through theft, and other illegal acts get insider information. But in practice, was not "either/or". In the above two kinds of people in the Middle, there is supervision of grey areas, namely, by chance learned inside information. As Zhang Shu Yu, neither upon channel to take illegal means sounded, but inadvertently passively hear the message.
In this case, it is understood that, at present, whether criminal or administrative penalties, are the difficulties law enforcement, on a theoretically have not yet reached a unified view. However, despite the fact that the various sectors in terms of how to define a different point of view, but a variety of viewpoints are advocating: unexpected passive informed inside information also have a duty of confidentiality shall not use the inside Fake Watches information for the transaction. From the legislative purpose of the Securities Act, any person who have inside information, shall be disclosed, the sale shall be recommended to others, nor shall their trading stocks. In addition, the Commission has also been published corporate disclosure management approach requires that any person who knows the insider information, we adhere to the "three" principle.
In recent years, China's stock market through the spouse, relatives and friends "by chance" the insider information was compared to the situation, demonstrate the multiple lines "between the parties deliberately pass" is very difficult. The Commission therefore decided to take a compromise deal with the way: as long as the perpetrator knew, or ought to know by chance learned information is an important non-public information, you have the "three", can not be sold, disclosed or recommendations to others. Therefore, in the case of a typical, Zhang Shu Yu's behaviour as "disclosure of inside information" and "recommendation" of the securities trading of others. Qin Xu not only as the insider trading law punishable, Chang Shu Yu should do abide by the official obligations. The case for Zhang Shu Yu penalties is the enforcement of the Commission's position clear. BOC law firm Director Zhao has sea: SFC fault on inside Rolex Watches information and disclosure of a fine is a major breakthrough. The case for the prevention and punishment of non-intentional disclosure of securities fraud and its significant economic harm. From an international legal practice, particularly in the case of the United States, securities transactions of corrections to insider information disclosure from the law of contract, tort, the transition to the corporate law, securities law or criminal law, after a span of approximately 20 years. The rapid economic development in our country, the transitions much faster.
On the interpretation of the "fault", currently has rejected the pure results on or consciousness on the trend. For negligent acts deemed to refer to the perpetrator of a duty of confidentiality, breach of the duty, foreseeable physical and legal consequences, as well as losses. Therefore, the determination of the condition, is reasonable. "Illicit access to inside information" of responsibility, the differences in surviving. Because normally don't think secrecy, and would not be contrary to the obligation of confidentiality. US case law tends to think, passive gets inside information, for additional confidentiality obligations the automatic exposure with insider's confidentiality obligations. However, the premise is that the passive person and insider disclosure obtained will have a special relationship, such as relatives, friends, etc. Zhang Shu Yu Yong's spouse is the condition, the Commission finds that it is reasonable. In fact, according to the "inadvertent negligence" to disclose inside information about conduct that is also made for the first time the Commission enforcement attempts. This reporter has learned that in advance, as there was no evidence of Tiffany Jewelry intentional breach of conditions, relating to information on how to identify the case once the sector was very difficult. Prior to that of many law enforcement practice also shows that, in reality, due to objective conditions, by administrative means prove that deliberately leaked very difficult. Typically, clients will accidentally leaked by the hook.
By contrast, the difficulty of proof of fault exposure is relatively low. Therefore, the disclosure is extended to fault, which helps to strengthen the supervision of inside information, insider secrets to perfect security measures, you can block party guaranteed handsome homes pawn and avoid the legal constraints. According to legal experts, our criminal law has provided divuleine, but did not provide for the disclosure of the Act stems from a fault or knowingly. Under the criminal code, the criminal negligence provisions of the law of criminal responsibility, but legally there is no clearly defined, it cannot plead guilty. Nevertheless, experts said that the administrative punishment and criminal penalties on the constitutive elements of the law are different, their function and purpose, therefore, the administrative punishment should refer to the overseas capital Swiss Watches market-related practices and to carry out certain breakthrough. In addition, even if many advocates divuleine subjective element is limited to deliberate and scholars, but also advocated suggestions disclose inside information through negligence or a degree of social harm, should be investigated and prosecuted by the Administrative commission.
China's stock market through the spouse
By: louboutin88
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