现代金融市场的混业经营要求金融企业内部隔离客户与客户之间、自身与客户之间的风险，对内部信息隔离制度提出了很大要求，但从我国实践来看这种隔离流于形式、易突破。我国刑法参照证券法73条客观推定内幕交易罪的主体，若能使信息隔离墙作为内幕交易罪刑事抗辩理由，无异于对金融公司内部隔离墙的建立有着很好的激励作用，也是刑法谦抑性的进一步表现。当然信息隔离墙是企业内部的约束，基于其自身内部规范的性质对其怀疑无可厚非，但可通过提高证明责任、限缩抗辩案件类型等方法限缩其适用范畴。%The mixed management in modern financial markets requires isolating risks between customer and customer as well as between itself and customer, which raises a high demand for the internal information isolation system. But from the practices in China, this isolation becomes a mere formality and is easy to break. Referring to Article 73 of the Securities Law, the Criminal Law objectively presumes the main body of insider trading crime. If the information barrier wall can be used as the defense cause of insider trading crime, it will have a very good incentive effect as to the establishment of an internal isolation wall of financial companies, and is also the further performance of austerity of the Criminal Law. Information isolation wall, of course, is the enter-prises' internal constraints, and is based on the nature of its own internal specification, which is no reason to doubt it. Some mea-sures can be used such as raising the proof burden and narrowing the defense case type to throttle its applicable scope.
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