2007 Fiscal Year Final Research Report Summary
Research on the legal restrictions of an economic crime-In particular, about the crime on the Securities Exchange Act and Antimonopoly Law.-
| Project/Area Number |
17530051
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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 | HOKKAIDO UNIVERSITY |
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Principal Investigator |
NAGAI Choshin HOKKAIDO UNIVERSITY, Grad.School of Law., Prof. (90164384)
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| Project Period (FY) |
2005 – 2007
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| Keywords | insider trading / market manipulation / hard-core cartel / bid rigging / economic crime |
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| Research Abstract |
This research studied the state of the legal restrictions concerning an economic crime. It was made from the insider trading crime, the market manipulation crime, and the crime of unjust restrictive trade, and they were studied in comparison method.
By the EU Directive, Germany and France have criminalized in securities trading regulation. In the EU competing method, a fine is imposed to misconduct.
However, a hard-core cartel is punished in Britain. Bid rigging is punished even in Germany.
In the United States, various sanctions including criminal punishment are prepared to the economic crime.
In Japan, the surcharge system was newly introduced into the Securities Exchange Act.Also in Antimonopoly Law, the sanction system was improved radically. My research examined the problem on the interpretation theory of the current law, caring about the movement toward legal revision.
In the result-of-research report, I examined concretely the formation element of the above-mentioned crime in Japan. For example, the court in Japan has taken the interpretation attitude quite "substantial" in the interpretation of an insider trading crime.
Although the state of mind which can be said also as the eventually consciousness of the illegality was advantageously taken into consideration on assessment of a case in the Murakami Fund incident, there is much criticism from practical feeling. The latest judicial precedent understood the character of the crime of unjust restrictive trade as a continuing crime. However, it is not necessary to take such law composition from the position which considers an act of committing a crime to be joint execution. Moreover, also in the actual case, I pointed out that did not have few examples which cannot be said to be a continuing crime.
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