Compare of technology law and interdisciplinary legal studies by the study on index futures trading system

• Main Authors: Yi-ying Hsieh, 謝易穎
• Other Authors: Nan Su
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/84266904275156843211

碩士 === 雲林科技大學 === 科技法律研究所 === 98 === This article deals with the purpose and history of index futures by the comparative study of Taiwan and mainland China. It not only talks about whether index futures belong to gambling but their economic effects. It introduces “Power law”, “Pareto principle” and “Fractal” on history of financial theory to criticized the error of traditional views that the creation of economic value and protect the vulnerable function, in addition, silly distinction of speculation, hedging and arbitrage. The center of this article focus on integration of law and technology, trying to discuss the latest developments in system science and advocated non-linear logic of knowledge to replace the traditional law of causality. Finally try to prove the index futures criminal legislation of underground futures, insider trading and manipulation impractical and unenforceable. Besides, this article also mentions some effective countermeasures to control program trading, futures margin and public disclosure system of large futures traders, in the end put forward an original research method on “science and technology law” to solve the problem of interdisciplinary legal studies'' academic, including why studies of law do not belong to science and why theory and practice is always inconsistent. The ideal is to achieve the unity of research methods in science and humanity.