The Function of the Business Judgment Rule in Economic Crimes：A Focus on The Irregular Transaction and the Special Breach of Trustfulness in The Securities and Exchange Act
Date Issued
2014
Date
2014
Author(s)
Tsai, Chieh-Cheng
Abstract
As the economic crime emerged, people all hope to punish this kind of behavior badly. The Securities and Exchange Act added lots penal provisions to fight for the financial order and protect the vast investors. The irregular transaction and the special breach of trustfulness in The Securities and Exchange Act are important parts of them. Does it mean we are going to take criminal punishment to fight the economic crime? In the recent economic criminal cases, the defendants usually take the “Business Judgment Rule” as their plea. The Business Judgment Rule arises from the U.S. and it is used in the civil cases. It is still pending that can we apply the plea in Taiwan’s civil cases and is that plea functional in the criminal cases. If it is, what will be effected ?
First of all, this article will introduce the Business Judgment Rule in the U.S. and then explain the constitution and the legal interest of the irregular transaction and the special breach of trustfulness in The Securities and Exchange Act. Second, we try to apply the Business Judgment Rule to the irregular transaction and the special breach of trustfulness in The Securities and Exchange Act. Finally, this thesis will also introduce the cases with the Business Judgment Rule plea and analyze those cases. We think the Business Judgment Rule plea is useful in helping the prosecutors give proof in economic criminal cases and remind us the criminal punishment is not the best solution for the financial order. The Business Judgment Rule appearing in the economic crimes means the restraining of the criminal law and the Judicial Abstention Doctrine.
Subjects
商業判斷法則
經濟犯罪
受託義務
注意義務
忠實義務
非常規交易罪
特殊背信侵占罪
SDGs
Type
thesis
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