| Summary: | 碩士 === 東吳大學 === 法律學系 === 96 === Generally speaking,the insider trading means that a person who has specfic identity exchanges stocks and bonds,after acquiring the important information which has not been public and can affect the price of these stocks and bonds.This behavior pattern is also a kind of economic crimes,deception crimes of negotiable securities,and interests sending crimes.However, there is still a controversy over whether the prohibition of an inside trade should be legislated as a crime or not.Now,most countries in the world have considered the inside trade as a crime,and the opinions stated in this paper also hold the same stand.
In Taiwan,one of the biggest issues of an inside trade is that the related regulations are not clear and definite,and the necessary measures of prosecution and prevention of the same are lacking.The related laws and regulations leave too much space for explanations,which cause the defendants confused and helpless,and the deicisions inconsistent.This could violate the principal of the " principle of clarity and definiteness of law".On the other hand,lack of necessary measures result in the poor efficiency of prohibition against the inside trade, and the purpose of the legislation against the inside trade cannot be achieved.
In recent years in many famous practice cases, how namely involved the constitution important document to be supposed to explain with was suitable, as well as how should other criminal question recognize and so on the dispute questions. This article namely has chosen several pieces important also has the representative practice case to come to examine the analysis, and the concrete explanation should have what opinion and the reason, and proposed will repair suggestion in the future the law. Should carry on how as for the related practice in investigates with guards against of the system inside connection transaction, also proposed suggestion the legal system and the policy aspect, hoped for makes an integrity regarding the inside connection transaction standard the self-criticism. Then, regarding the stock market stable development and the safeguard general investor's standard of goal negotiable securities exchange law, the side can carry out.
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