Research of the sanction on the financial crime
| Project/Area Number |
15530048
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | Kobe University |
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Principal Investigator |
UESHIMA Kazutaka Kobe University, Law School, Professor, 大学院・法学研究科, 教授 (40184923)
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| Project Period (FY) |
2003 – 2005
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| Project Status |
Completed (Fiscal Year 2005)
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| Budget Amount *help |
¥2,600,000 (Direct Cost: ¥2,600,000)
Fiscal Year 2005: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2004: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2003: ¥900,000 (Direct Cost: ¥900,000)
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| Keywords | financial crime / 罰金刑 |
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| Research Abstract |
The financial crime is not defined clearly, but characterized by the pursuit of economic profits on the transfer of the capital and the property resulting from economy and financial dealings, thinking the crime is a kind of illegal activities on the Securities Exchange Law. It is purposed in this research to examine what kinds of sanctions involving penal fine are effective against the financial crime.
1. A functional relation between the penal fine and the other kinds of monetary sanctions is not clear in many countries, between those we find the concept of penal fine varies. But it seemed a question of concern in most of those countries, how to provide and impose various kinds of monetary sanctions including penal fine to control the financial crime more effectively.
2. We find a system of surcharge introduced in the Securities Exchange Law and expanding in the Antimonopoly Law, so that it is almost clear that the surcharge plays a similar role to criminal punishment also in our country. However, a "surcharge" has a meaning different according to an individual law, and in the same law works in various ways. These facts obstruct us understand clearly how the surcharge system should work originally to control illegal activities effectively and we can not have any overall policy, what kinds of sanctions should be imposed.
3. The introduction and expand of the surcharge system are preferable, because the surcharge originally deprive participants of profits gained from illegal activities, and make the pursuit of those vain. But the system of the surcharge should have only the function of the deprivation, and giving other functions to those systems should be denied. It seems reasonable that a civil fine perform other functions and this works with the surcharge against illegal activities.
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Report
(4 results)
Research Products
(14 results)
