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“Look-through” Legal Approach of Cross Market Manipulation in Financial Market
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중국금융시장 연계 시세조종행위에 관한 법적 연구

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Type
Academic journal
Author
Journal
The Korea-China Society of Law 중국법연구 중국법연구 제34권 KCI Accredited Journals
Published
2018.1
Pages
209 - 227 (19page)

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“Look-through” Legal Approach of Cross Market Manipulation in Financial Market
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Market manipulation is a deliberate attempt to interfere with the free and fair operation of the market and create artificial, false or misleading appearances with respect to the price of, or market for, a product, security, commodity or currency. With the continuous development of financial innovation, new patterns such as cross market manipulation disrupt the fair price of financial market, and easily trigger the systemic financial risks. These cross market manipulation behaviors, compared with the normal market manipulation behaviors, always connect the securities market and the futures market. Because of complex transaction structure, financial supervision is getting harder and harder. However, under the current legal regulation framework, there has no regulatory system specific for cross market manipulation. Moreover，this also challenges the current legal supervision system. Cross market manipulation, compared with general market manipulation, is difficult to define through a simple list. This paper is aimed at finding the motivation of cross market transaction through the typology analysis and determining the legal responsibility of different market manipulation types. it is necessary to prevent the excessive intervention of the administrative power to the financial market.
#cross market manipulation #financial innovation #derivatives #look-through #China's financial market

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