Lawyer Zeng Jingyin has been deeply involved in the field of criminal defense for many years,and is also a former senior prosecutor of a People's Procuratorate in Beijing.He has handled over 2000 cases of various types of duty crimes and economic crimes.He has rich experience in handling cases and profound legal theories,and has in-depth research and unique insights on financial and securities crimes.

Lawyer Zeng Ziyin first analyzed the key issues of the crime of insider trading from four aspects.The first is to interpret the legal provisions of the crime of insider trading from the perspective of the subject,manner,and time of conduct,and to analyze the differences and connections between the crime of insider trading and the crime of disclosing insider information from the perspective of whether conspiracy can be proven and whether the person being advised has committed it.The second is to trace the concept from the Securities Law and the Futures and Derivatives Law,and summarize the two major characteristics of insider information,namely,its significance and confidentiality.In contrast to the Judicial Interpretation of Criminal Cases Involving Trading with Unpublished Information,this paper distinguishes between insider information and non-public information.The third is based on the provisions of judicial interpretation,which explains two types of subjects:insiders and those who illegally obtain inside information.Fourth,the identification of sensitive periods of insider information is elaborated from the perspective of formation and disclosure.

Then,Lawyer Zeng analyzed the five difficult issues of the crime of insider trading:first,whether the authenticity of inside information affects the establishment of the crime;Whether profit or stop loss is a constitutive requirement of this crime;The core issue of whether to require the use of"inside information"is whether to allow counter evidence;The fourth is the issue of linking execution;The fifth is the responsibility determination of multiple transmission of insider information.

Finally,the offline audience connected with lawyer Zeng and fully exchanged and discussed the difficult and complex issues related to the crime of insider trading.

Financial securities crimes are very different from ordinary criminal crimes and traditional criminal crimes,with prominent characteristics such as specialization and intelligence,strong concealment,many difficult and controversial points,and great difficulty in detection.This requires criminal lawyers to be more professional in handling such cases,have a deep understanding of finance and technology,look beyond the law to the law,constantly strengthen the study of financial professional knowledge,and achieve the reserve of professional knowledge to keep pace with the times and flexible use.Gaopeng Criminal Lecture Hall will always aim at the construction of criminal specialization,base itself on issues,focus on cutting-edge issues,focus on practice,communicate,and work with colleagues in the industry to jointly improve.

(This article is translated by software translator for reference only.)