| Summary: | 碩士 === 東吳大學 === 法律學系 === 106 === Because "economic crimes" are complicated, professional, secretive, highly damaging, and intelligent, once occured, it will beacause of lacking of specific victims that can not be easily deteceted. Also because of economic crimes always involve in the socio-economic structure of the country, must be regulated in a unique way.
Therefore, such as environmental crimes, economic crimes are usually regulated in the way called “ Abstract Dangerous Offense”. However, because abstract dangerous offense do not need to prove that there is a possibility of danger, that is, the offender do the element of criminal law which means commited crimes and not allow disproof, it will lead to be criticized for widening the criminal law’s net.
This article believes that we can use the concept of “ Eignungsdelikte” to limit the interpretation of abstract dangerous offense. First, we have to clarify legal interest of “ Market Manipulation”, which is “the real price of capital market”. The act of offender must harm “the real price of capital market” may be regraded as a behavior of manipulate market crimes.
Based on this, this article focuses on manipulating the market behavior, analysis the elements of Section 155 of the Securities and Exchange Act, find out if there is a problem, to fix it up, so that it can achieve the purpose of protecting the capital market.
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