The Regulation of Insider Trading in China: A Critical Review and Proposals for Reform Huang, Hui en_US 2021-11-25T12:38:12Z 2021-11-25T12:38:12Z 2005 en_US
dc.description.abstract The purpose of this article is to critically examine Chinas insider trading regulation, and based upon the results of such examination, set out reform proposals for China. With the benefit of overseas experience, in a relatively short period of time, China has made a remarkable achievement in setting up its insider trading regulatory regime. There are, however, some serious problems with the Chinese law, due to the uncritical implantation of the ideas from foreign sources. This is strikingly illustrated by the loopholes in the definition of insiders which are inherently related to the confusion around the underlying theory of insider trading liability. The article first broadly describes the background of the regulation of insider trading in China, and then offers a detailed discussion of its content. Based on this, a critique of Chinas insider trading regulation is carried out. It appears that China has hastily imported two conflicting insider trading theories, namely the equality of access theory and the fiduciary-duty-based theories which include the classical theory and the misappropriation theory. A careful analysis suggests that the equality of access theory is preferable to the fiduciary-duty-based theories, especially in the context of China. It is further submitted that the Australian information connection only approach to the definition of insiders is both theoretically justifiable and practically manageable, and thus should be introduced to reform Chinas insider trading regulation. en_US
dc.identifier.issn 1037-4124 en_US
dc.language English
dc.language.iso EN en_US
dc.rights CC BY-NC-ND 3.0 en_US
dc.rights.uri en_US
dc.source Legacy MARC en_US
dc.subject.other securities market en_US
dc.subject.other insider trading en_US
dc.subject.other China en_US
dc.subject.other Corporations and Associations law (390105) en_US
dc.title The Regulation of Insider Trading in China: A Critical Review and Proposals for Reform en_US
dc.type Journal Article en
dcterms.accessRights metadata only access
dspace.entity.type Publication en_US
unsw.relation.faculty Law & Justice
unsw.relation.ispartofissue 3 en_US
unsw.relation.ispartofjournal Australian Journal of Corporate Law en_US
unsw.relation.ispartofpagefrompageto 281-322 en_US
unsw.relation.ispartofvolume 17 en_US
unsw.relation.originalPublicationAffiliation Huang, Hui, Law, Faculty of Law, UNSW en_US School of Law *
Resource type