A study on the punitive damages system of insider trading

• Main Authors: Kuan-Yu Chou, 周冠宇
• Other Authors: Ta-Ying Liaow
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/28541077242852536538

碩士 === 國立中興大學 === 法律學系科技法律碩士班 === 102 === In 1988 we transplant punitive damages system of England countries, the addition of the Securities Exchange Act of 157-1, and the provisions in paragraph 3 of insider trading behavior, which ruled the court may also, upon the request of the counterpart trading in good faith, treble the damages payable by the said violators should the violation be of a severe nature. The court may reduce the damages where the violation is minor. In this thesis chapter two, will build legis、elements of punitive damages and legal framework from U.S. law, compare punitive damages of Securities and Exchange Act § 157-1 with United States’ punitive damages. Confirm whether it is the same kind of damage compensation system or not. And then chapter three, discussed civil damages、criminal punishment and due process, which conflict with punitive damages system under our countries’ law system. Finally chapter four discuss limitation of damages and Split-recovery Statute which can avoid conflicts with the inherent civil laws and solve unjust enrichment problem and ne bis in idem.