International Securities Markets: Insider Trading Law in China

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Kluwer Law International B.V., 2006 M01 1 - 356 páginas

This book offers the first detailed analysis of Chinaand s insider trading law, explaining what constitutes insider trading in China and what the consequences of unlawful insider trading might be there. More importantly, it suggests ways in which the law might more effectively prevent the occurrence of insider trading in the first place. Among the elements of the legal framework addressed by the author are the following:

and Who benefits from insider trading

and The issue of when information becomes public

and A comparative law treatment of the underlying theories of insider trading liability

and Private civil liability

and Damage caps

and Measures of recovery

The authorand s approach focuses on Chinaand s readiness to adopt foreign ideas without adequately assimilating them into the local context. In this connection, he sets out valuable reform proposals, using authority from field interviews with Chinese stakeholders as well as from comparative case law.

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Contenido

Chapter
2
2 III
3
Chapter
5
Chapter
14
Congressional Legislation
22
Incidence of Insider Trading
28
3
36
2 11
48
Some Basic Elements of Insider Trading
185
only Approach
197
When Information Becomes Public
212
Information
227
The Unsuitability of the Strict Possession and Strict
238
is Preferable to the Modified Use Standard
243
Chapter 7
253
The NondisclosurePeriod Traders Approach
282

Likely Situations where Insider Trading Occurs
50
Chapter 3
57
Insufficient Compensation for Corporate Insiders
66
Harmful or Beneficial
95
A Comparative Analysis
125
United States v OHagan
146
the Equality of Access
181
Traders Approach
300
Conclusion
307
Bibliography
321
Table of Cases
341
Index
347
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