Research on Criminal Responsibility for Securities Fraud

• Main Authors: Yuan-yao Wu, 吳元曜
• Other Authors: 陳志龍
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/46709990393157082748

博士 === 臺灣大學 === 國家發展研究所 === 95 === By means of the research methods such as legal dogmatics, science of criminal policy and study of comparative law, the dissertation handles questions about the criminal responsibility for “securities fraud”. As far as the structure of it is concerned, in chapters 2-4 as the parts of general theories, I lay a foundation for the research from the points of view of protection of legal interests, foreign norms and methods of interpretation. Then, in chapters 5-8 as those of individual discussions, I probe into the criminal elements of “securities fraud”, the relationship of coexistence between it and other crimes, the strategies in criminal procedure and the criticism of lawmaking policies in order, researching into the crime completely in different criminal aspects of application, procedure and lawmaking. I consider that in the aspect of applying the law, by way of the methods of legal interpretation and legal supplements taking account of features of the economic criminal law, especially “the teleological interpretation” and “the teleological reduction” focusing on protection of legal interests, current norms of the criminal responsibility for securities fraud should be applied to concrete cases appropriately; in the aspect of the criminal procedure, in view of characteristics of the economic crimes, we must use the methods of investigation and judgment including the rules of evidence distinct from those for the traditional property crimes to confront the special crime; in the aspect of the criminal lawmaking, the requests for “clarity of the criminal elements”and “elasticity of norms”should be harmonized and balanced, and the commandments of “the principle of responsibility” and “the excess-forbidden principle” must be paid attention to.