不久前,在我国上海、深圳已经成立了证券交易所,并相应颁布了地方性证券交易法规。1991年初,也已有全国人大代表向全国人大提出了制定证券交易法的提案。这些对于进一步深化改革,维护商品经济秩序是完全必要和十分紧迫的。一部证券交易法不仅要规定证券交易的管理办法,还要规定对违反这些符理办法的行为的罚则,其中有一部分是刑罚罚则,以处分那些情节或后果严重者。关于证券方面的犯罪,人们比较熟悉的有规定在我国刑法第123条的伪造有价证券罪,面对所谓“知情证券交易”(简称“知情交易”)却比较陌生。实际上,这种行为对经济秩序的危害大、受害而广,必须引起我们的重视,并在立法时予以注意。 Not long ago, in our country, Shanghai and Shenzhen, stock exchanges have been set up, and local stock exchange laws and regulations have been promulgated accordingly. At the beginning of 1991, NPC deputies also proposed to the NPC the formulation of the securities transaction law. These are absolutely necessary and urgent to further deepen the reform and maintain the order of the commodity economy. A securities exchange law not only provides for the administration of securities transactions, but also penalties for violations of these principles, some of which are criminal penalties to punish those with serious plot or consequences. With regard to the crime of securities, people are more familiar with the crime of forging securities as stipulated in Article 123 of the Criminal Law of China and are unfamiliar with the so-called “informed securities trading” (“the informed transaction”). In fact, this kind of act has great harms on the economic order and widespread victimization. We must pay our attention to it and pay attention to it in the legislation.