浅议证券犯罪概念及其特征

证券犯罪是一种违反证券管理法规,破坏国家对证券市场管理秩序,情节或后果严重,依法应当追究刑事责任的行为。证券犯罪构成的实质是我国刑法所规定的,反映某一危害证券市场管理秩序的行为的社会危害性及其程度,而为该行为成立犯罪所必须具备的一切客观要件和主观要件的有机整体。证券犯罪具有社会危害性大、单位犯罪情况严重、犯罪黑数高的特点,证券犯罪案件的侦查也具有其他案件所不具有的侦查特征。

Concept and Characteristic of the Securities Crime

The securities crime is a kind of behavior which infringes the regulation of the securities management, destroys the management order of the security market of the country, and the plot or the consequence of it is serious, then the criminal responsibility should be investigated in accordance with the law. The essence of constitutive requisites of the crime is stipulated by the criminal law in our country, which reflects a certain social harmfulness and degree of the behavior to the management order, and the organic whole includes all objective and subjective constitutions which are essential to constitute the crime. At the same time the crime is very harmful to the society, the unit's criminal situation is serious, it is concealed highly and the investigation of it has the characteristics of the other cases do not have too.