| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 102 === The rapid development of China's financial industry, social and economic life in the country is playing an increasingly important role. Major economic crimes increasing, the country has affected the normal financial order and social credit environment and the normal development of China's financial industry. Taiwan lawmakers think many significant impact on the capital markets, such as insider trading and other financial crimes, the punishment of the stock market is not sufficient to prevent the increasing number of participants to conduct insider trading in attracting huge profits under.
Prohibit specification insider trading offenses are mainly in the maintenance of the integrity and fairness of the securities market, due to the insider trading behavior, contrary to the principles of fairness and disclosure of serious damage to the stock market fair trade, most countries the law expressly prohibits, China's Securities and Exchange Act Section 157 also in violation of Article 1 of insider trading behavior, and impose civil and criminal penalties. Because insider trading case involving criminal liability matters, under the principle of legality doctrine, legal provisions are too vague and not clear, but cause difficulties in the judicial practice of law applicable, frequently transferred judicial authorities, but in court the adjudicating was not easy to case, vertical to hear between calendar trial in the same case, the interpretation of insights statute text of resembles the differences of the Department, and therefore our insider trading case, is often questioned the prosecution and adjudication of guilt disproportionate.
1988 of the Securities Exchange Act Section 157 prohibits insider trading norms of a legislative, after several repair method, although some of the results, but it can have many ambiguities, causing the public to question, to prohibit insider trading by foreign norms and case (including the United States, Japan, China and Hong Kong) to explore the advantages and disadvantages of its regulations, and to view our current laws on the controversial practice, (includes: major news finds finds East Wing fiber case, Sunbeam case of major news time Taiwan to open the case of proceeds of crime case disputes and BenQ message recipient identified problems), this article attempts to sort out the controversial provisions in each place, summarize, analyze the views put forward by the current practice and theory, and try to put forward their views. Thus referring to foreign legislation, view our norms prohibiting insider trading, and proposed amending the law of direction, can make our norms prohibiting insider trading crime more complete.
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