2008Unpublished venueRequires access

Understanding of Illegality Acquiring Stable Push

Cao Ting-sheng

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Abstract

The subjects of the crime of insider trading and the crime of divulging inside information in the article 180 of our Criminal Law are composed of two types.The first one is the insider and the second one is non-insider.The question,that the non-insider is special subject or not,makes sense of the application of the two crimes in judicial procedure as well as of the interpretation of the characteristics of the subjects.The current authoritative viewpoint in our country urges that non-insider is special subject.In terms of the theory and the practice of advanced countries and these of our country,however,there is a doubt on it.

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What this paper is about

The subjects of the crime of insider trading and the crime of divulging inside information in the article 180 of our Criminal Law are composed of two types.The first one is the insider and the second one is non-insider.The question,that the non-insider is special subject or not,makes sense of the application of the two crimes in judicial procedure as well as of the interpretation of the characteristics of the subjects.The current authoritative viewpoint in our country urges that non-insider is special subject.In terms of the theory and the practice of advanced countries and these of our country,however,there is a doubt on it.

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Available abstract

The subjects of the crime of insider trading and the crime of divulging inside information in the article 180 of our Criminal Law are composed of two types.The first one is the insider and the second one is non-insider.The question,that the non-insider is special subject or not,makes sense of the application of the two crimes in judicial procedure as well as of the interpretation of the characteristics of the subjects.The current authoritative viewpoint in our country urges that non-insider is special subject.In terms of the theory and the practice of advanced countries and these of our country,however,there is a doubt on it.

Key concepts: Insider, Insider trading, Subject (documents), Interpretation (philosophy), Law and economics, Insider threat, Law, Political science

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