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某证券“乌龙指”事件再次引发了有关内幕交易的讨论。从内幕交易的认定来看,我国现行证券法针对行为主体、行为要件与内幕信息三个要素,但在实际应用中还有缺漏。反观英美,其有关内幕交易的认定较为完善,有诸多可供借鉴。在责任承担上,我国在行政责任与刑事责任方面较为完善,但在民事责任承担方面还需要将规定具体化,完善条文,并处理好各方利益的平衡。
A securities “Oolong refers to ” incident once again triggered a discussion of insider trading. From the point of view of the insider trading, the current securities law in our country is aimed at the three elements of the behavior main body, the behavior elements and the inside information, but there are still some shortcomings in the practical application. In contrast, Britain and the United States, its insider trading identified more perfect, there are many to learn from. In the assumption of responsibility, our country is more perfect in terms of administrative responsibility and criminal responsibility, but it also needs to embody the provisions in terms of civil liability and improve the provisions and handle the balance of interests of all parties.