打击证券犯罪的价值选择与现实思考

像证券市场监管一样 ,打击证券犯罪同样面临着公平与效率的价值权衡 ,只不过打击证券犯罪不同于证监会的专门监管 ,它更侧重公平这一价值目标。界定证券犯罪的类型既要以刑法规范为标准 ,还要考虑证券市场的经济特征。我国的司法实践中 ,比较典型的操纵证券交易价格等犯罪已发生多起 ,已暴露出中国证券市场的诸多问题。对这些案件加以分析 ,可引起对刑事司法介入证券市场监管的多方面的现实思考。

Striking against Stock Crime:Value Selection and Consideration

The balance of equality and efficiency is weighed much as stock market custodies in striking against securities crime, but it differs from security supervision committee in that it lays emphasis on equality. The definition of types of stock crime is not only up to criminal rules but also to economic characteristics of stock market. In our judicatory practice, several typical cases of manipulating stock trading price have already occurred, exposing many problems of the Chinese stock market. It causes criminal judicature to get involved in stock market supervision as we analyze these cases.