| Summary: | 碩士 === 國立臺北大學 === 犯罪學研究所 === 94 === The purpose of this research is to one of article 157 of Securities Exchanges Act, since revising and enlarge in the 77th year of the Republic of China, it is mainly to disclosing the people inside the issue company, is it issue share 10% more than big shareholder, is it learn people and people office person who learns news that state in the past of news to concern on the basis of job or control to hold, utilizing unexposed news to buy in or sell stocks, the lesson gives specific civil and criminal responsibility.This law has been implemented for many years, investigated such many aspects as the judicial authority,etc. as the organ, procurator organ,etc. cooperate and detect doing with all strength, still unavoidably result apparent comment that raised.Heir law this form important document and improve their punishment responsibility through numerous revision it, from originally sentencing to the fixed-term imprisonment under one year, detention or department 10,000 under fine revise fixed-term imprisonment, detention, department or and department 150,000 following fine under sentencing to one year, and then revise it in order to sentence to the fixed-term imprisonment under seven years, must combine under department's new Taiwan dollar of 3 million yuan fine, the ones that revised for being current were subject to fixed-term imprisonment of not less than three years but not more than ten years finally, must combine more than 10 million and less than 200 million yuan fine of new Taiwan dollar of the department; And with its person who reaches more than 100 million yuan of new Taiwan dollar of amount of money of crime income in fining item 2 of the responsibility, sentenced to imprisonment over seven years, must combine more than 25 million yuan and less than 500 million yuan fine of new Taiwan dollar of the department.State Switzerland Lausanne international research paper of management college and infringement important case of Securities Exchanges Act taken place can find many cruel punishments high to punish for recently in the past, it is also unable to check and hinder the crime motive with heart criminal.
This research adopts the interview law of the depth, have involved insider trading doing depth interview to 5, all there are a set of excuses of rationalized criminal offence before the criminal offence of the trade of the insider trading or after the crime is discovered to find them.And can understand clearly from the talk, it is still in they for having a certain degree acceptance for legal provisions, but in the ' more greedy to read ' and ' by sheer good luck ' psychology under, think one's own criminal offence can pour lintel find, detected and run by the judicial authority when finding in this way, go for rationalized criminal offence with a set of statements of letting oneself believed.
Finally, this research tries to propose considering the direction at ten o'clock in strengthening the strength of proving of evidence of forming the important document of the insider trading, and as to the thing that research and propose three suggestions for follow-up researcher's reference in follow-up.
Key word: Insider Trading
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