Swing Between 'Appropriation' and 'Use'–Debate on Insider Trading
| Autor: | 譚梅英 |
|---|---|
| Rok vydání: | 2019 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 107 This paper firstly clarify the legal interest of the insider trading, and believes that the reason for prohibiting insider trading is to improve the capital market, promote investors' trust in the capital market, safeguard the institutional function of “equal information” in the capital market, and promote investors' trust in capital market, in order to attract more investors to join the market. Then, in addition to confirming the nature of insider trading crimes as: economic crimes, abstract dangerous offense, sonderdelikte and blank elements of crimes. This article further analyzes the subjective elements of insider trading crimes. On this issue, although scholars have adopted the “the theory of appropriation” or “the theory of use”. However, this article considers that since the legislators amend the Securities Exchange Act Article 157, adopting the “the theory of appropriation”. Besides, the insider should be given the chance using Exemption Clause in order to attracting more investors to join the market. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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