Abstract: The subject of the insider trading crime is not “Status Crime”. In addition to the particular subject of “insiders with inside information”, there is the generic subject of “people who have illegal access to inside information”. The former mainly depends on the documentary evidence to prove, while for the latter, the current legal provisions intertwine the subject issue with the behavioral issue in terms of description. Through re-describing the insider trading crime and according to its relations to the insiders with inside information, the generic subject can be divided into four types, of which each has its own characteristics and mode of proof. For the third type, although the mode of proof is quite complicated, basically it can be covered by the fourth type with a simpler mode of proof.

Key words: insider trading, subject of crime, prove method, criminal identity