A Study Regarding the Criminal Liability of Anti-manipulation Provisions－Focusing on Series Transactions in the Securities and Exchange Act

• Main Authors: Chun-Mei Wu, 吳春美
• Other Authors: Robert Lih-Torng Chen
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/65541622922371802109

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 98 === This thesis primarily discusses the subjective and objective elements on the series transaction in Article 155, Paragraph I, Subparagraph 4 of the Securities and Exchange Act. Series transaction, which also called “operation behavior”, did not have any set of standards to judge those subjective and objective elements on the series transaction in Article 155, Paragraph I, Subparagraph 4 of the Securities and Exchange Act in our present judicature practice. This is because if there are some different opinions exist, they will make a person who falls into the indefinite condition. A person will never know whether he or she has done was guilty. A person shall be punished with imprisonment for not less than three years and not more than ten years （according to Article 171 of the Securities and Exchange Act）or innocence when he or she bought or sold securities. In order to solve this mess situations and offer feasible plans soon, the research point of this thesis will focus on the legislative goal and background discussion in Article 155, Paragraph I, Subparagraph 4 of the Securities and Exchange Act, and discuss the contrast between the United States, Japan, the People’s Republic of China, Hong Kong and Taiwan’s regulations of important Securities and Exchange Act in order to have a panorama view of the current laws and understand whether our laws and regulations content still do have the flaw. In addition, this thesis also analysis and reorganize our country judgment for present judicature practice to consult and suggest some modifications in order to bring Article 155 into full play. Furthermore, this research proposes a workable regulatory scheme in Taiwan.