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Åmodt, Kristine. "Illegal handel av legemidler på internettUtviklingen i Norge og tollvesenets analysemetoder." Thesis, Umeå universitet, Kemiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-91309.
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Upphoff, Emmy, and Isabelle Olofsson. "Kulturarv till salu : Auktionshus och onlineplattformars ansvar när det gäller illegal handel med kulturföremål i Sverige." Thesis, Uppsala universitet, Institutionen för ABM, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-447244.
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The illicit trade with cultural property is a worldwide problem. Many of the cultural properties that are traded have been plundered and exported from countries and end up on western markets, often at auction houses and auction platforms online. This study aims to understand the responsibility Swedish auction houses and online platforms have regarding the illicit trade with cultural properties. This is achieved by answering the following questions: what responsibility does the auction houses and online platforms have? Do they take this responsibility? Do auction houses and online platforms have policy documents regarding cultural objects? What do these policy documents in that case look like and can they be improved? Is there a difference between the policy documents of physical auction houses and auction platforms online? To answer these questions this study focuses on three main areas of sources: document analysis of legal and policy documents, previous research and articles published in the field, as well as five qualitative and semi-struc- tured interviews. These sources are discussed throughout the analysis which have been divided thematically. An overview of the trade in Sweden culminates in a discussion about due diligence and provenance. Further, a discus- sion of the auction houses responsibilities and policy documents is followed by chapters discussing the same ques- tions in regard to the online platforms. Conclusions which have been drawn from the empirical analysis are that the auction businesses take respon- sibility to a certain degree but that policy documents and the transparency in public discourses can be improved. Furthermore, they should be clear that they use due diligence and actually make sure that they do it in their daily activities. This is a two-year master’s thesis in Museum and Cultural Heritage Studies.
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Farzanegan, Mohammad Reza. "Political Economy of Natural Resources and Governance in Iran: An Empirical Investigation." Doctoral thesis, Saechsische Landesbibliothek- Staats- und Universitaetsbibliothek Dresden, 2009. http://nbn-resolving.de/urn:nbn:de:bsz:14-qucosa-24277.
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In this dissertation, I investigate the role of oil resources and economic and political institutional quality on the economic performance of Iran. To this end, I examine four related themes. First and foremost, I provide a detailed picture of the economic structure of Iran and compare its performance with other oil and non-oil economies of the Middle East and the Middle Easterb region. As we get a clear picture of the relative economic position of Iran in the MENA region, I go further into macroeconomic analyses of oil wealth effects on the Iranian economy. The second theme investigated in this dissertation is the interaction of political power structure with oil rents and their effects on Iranian economic growth. This study is the first examination which takes into consideration political factionalism interaction with oil rents in the case of Iran. The results show that oil resources have a direct positive effect on economic growth in Iran. However, the interaction effect of factionalism (as a proxy for political asymmetry degree) with oil rents is negative and significant. The third theme which is examined in this study is illegal trade in Iran. This topic is also related to natural resource management in Iran. A large number of fuel products smuggled from Iran are due to heavy subsidies within the country. In this study, I measure the amount of illegal trade in Iran, identifying the major causes and indicators of smuggling. The average of illegal trade in Iran’s total trade is 13%. The value of annual illegal trade, on average, is within the range of $ 2.5 - 3 billion. The fourth topic which is examined in this dissertation is macroeconomic populism in Iran. The main source of financing populism spending in Iran is the oil revenues. Therefore, it is connected to the management of natural resources.
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Utkovic, Tina, and Maria Wiland. "Genom nålsögat till en lukrativ handel- en studie av illegala skalbolagsaffärer." Thesis, Högskolan i Borås, Institutionen Handels- och IT-högskolan, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:hb:diva-18605.
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Med pengar som drivkraft skapas det innovativa tänkande som genom ettkringgående av gällande lagstiftning och redovisningsregler möjliggör enlukrativ illegal handel med skalbolag. Avyttringen av nämnda bolag gersåväl säljare som köpare förutsättningar för att otillbörligt eliminerabeskattning av upparbetade vinster. När ett bolag har överlåtit sitt inkråm,det vill säga sina rörelsetillgångar, kvarstår ett skal innehållande tillövervägande del likvida medel. I detta skede betraktas bolaget som en säckmed pengar, vilken förmånligt kan köpas av såväl en seriös som oseriösintressent. Vad som skiljer dessa åt är deras intentioner gällande förvärvetoch deras avsikter rörande vinstmedlen samt de skattekonsekvenser somdessa medför. Utfärdade generalfullmakter, skatteparadis och tekniskaförutsättningar är endast några få av de element som skalbolagshandelnsaktörer nyttjar som hjälpmedel för att framgångsrikt genomföra affärerna.Under den period då skalbolagshandeln kulminerade stod bankerna tillförfogande med kapital och erforderligt system, revisorerna bidrog med sinkompetens och ämnesspecifika kunskap, samtidigt som juridiskt insattasållade bland en uppsjö av lagar och paragrafer, för att tillgodose sinaklienters önskemål. Dessa aktörers involvering kunde ifrågasättas medhänsyn till att de försett kriminella med effektiva verktyg och därmedtillhandahållit lösningar avsedda för illegala transaktioner.För att belysa det i skattelagstiftningen och redovisningen som fallerar ochdärigenom möjliggör illegal skalbolagshandel, tenderar uppsatsens författareatt anta ett hermeneutiskt förhållningssätt för att genom kvalitativa studieroch med en abduktiv ansats uppnå en valid och reliabel skildring avverkligheten. Samtidigt avser författarna att utreda huruvida det är möjligtför etik, moral och god redovisningssed att samverka med ekonomiskaintressen.Forskningen har, i gällande avhandlig, mynnat ut i diskussion och analys avinblandade aktörer, det kriminella förfarandet samt myndigheters arbete medatt stävja den ekonomiska brottsligheten. Exempelvis kan bankernas ochrevisorernas roll vid skalbolagshandeln diskuteras, då de medverkat vidkriminella aktioner men gömt sig bakom sin höga trovärdighet och sekretess.Fokus har även riktats mot deras rykte, samhällsetiska position samt detskydd som lagstödet förser dem med, vilka har möjliggjort att utifrån egnaekonomiska intressen styra skalbolagsaffärerna.Slutsatsen är således att kriminaliteten inte ser några återvändsgränder. Varjeny lagstiftning är en ny utmaning, varje bakslag är en erfarenhet. Åtgärderoch regleringar utgör inget hinder, utan är endast stötestenar som dessaslipade affärsmän avser att kringgå på vägen.Uppsatsnivå: C
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Wijk, Johnny. "Svarta börsen - samhällslojalitet i kris : livsmedelsransoneringarna och den illegala handeln i Sverige 1940-1949." Doctoral thesis, Stockholms universitet, Historiska institutionen, 1992. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-30603.
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Wijk, Johnny. "Svarta börsen : samhällslojalitet i kris : livsmedelsransoneringarna och den illegala handeln i Sverige 1940-1949 /." Stockholm : Almqvist & Wiksell, 1992. http://catalogue.bnf.fr/ark:/12148/cb37017603x.
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Ludwig, Katharina. "Citoyen sans-papiers irreguläre MigrantInnen als politische AkteurInnen in Frankreich." Frankfurt, M. Berlin Bern Bruxelles New York, NY Oxford Wien Lang, 2008. http://d-nb.info/990745562/04.
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Valverde, Luna Vanessa Sofía, and Añaños Diego Alonso Collantes. "Approaches for a comprehensive regulatory response to illegal gold commerce." IUS ET VERITAS, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123635.
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This paper pretends to analyze the functioning and the limitations of some legal tools that the Peruvian state has posed as a part of his normative answer to the grave phenomenon of illegal gold mining, organized form of criminality whose utilities have surpassed the ones of drug trafficking. With this purpose, two axes of analysis has been proposed with incidence upon the illegal commercialization of gold: (i) the criminal tools, which specifically involve the crimes of illegal mining, clandestine commerce and money laundering; and (ii) the administrative tools, which involve the Legislative Decrees N° 1103 and 1107, the Supreme Decrees N° 012-2012-EM and N° 17-2009-MTC, among others. The authors have noticed several legislative policy errors in these elements and therefore implement recommendations to increase the global effectiveness of the regulation.El presente trabajo apunta a evaluar el funcionamiento y las limitaciones de algunas de las herramientas jurídicas que el Estado peruano ha planteado como parte de su respuesta normativa frente al grave fenómeno de la minería ilegal, forma organizada de criminalidad cuyas ganancias ilícitas han superado en los últimos años a las del tráfico ilícito de drogas. Con tal finalidad, se han propuesto dos ejes de análisis con incidencia en la comercialización del oro ilegal: (i) las herramientas penales, que específicamente comprenden los delitos de minería ilegal, comercio clandestino y lavado de activos; y (ii) las herramientas administrativas, compuestas por los Decretos Legislativos No. 1103 y 1107, los Decretos Supremos No. 012-2012-EM y No. 17-2009-MTC, entre otros. Los autores han advertido diversos errores de política legislativa en estos elementos e implementan recomendaciones para incrementar la eficacia global de la regulación.
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De, Wet Neil James. "The South African regulatory framework relating to illegal trade in rhino horn / Neil James de Wet." Thesis, 2015. http://hdl.handle.net/10394/14232.
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The purpose of this study is to determine whether the current South African regulatory framework related to the illegal trade in wildlife, provides the means to regulate the illegal trade in rhino horn effectively. In an effort to combat and eradicate the illegal trade in wild species and parts therein, South Africa has enacted numerous laws and it has ratified various international conservation Conventions. However, with more than 800 rhinos having been killed in 2013 alone, it is doubtful whether these laws and conventions are adequate.
The first chapter is an introductory chapter summarising the latest statistics on rhinos fatalities as a result of poaching, an estimate on their numbers as well giving a brief overview of what laws and conventions will be discussed in this study. In the second chapter the historical development of the trade in rhino horn is dissected, who the culprits are and the reason why rhinos are poached for their horn. The third chapter analyses international conventions that have been adopted by South Africa, including conventions such as the Convention on International Trade in Enangered Species, the Convention on Biological Diversity and agreements such as the General Agreement on Tariffs and Trade. The fourth chapter will focus more on the regional contributions which the African Union and Southern African Developing Community have made in an effort to combat the illegal trade in endangered species and their products such as rhino. The fifth and final chapter discusses South African legislation which comprises of the National Environmental Management Act, National Environmental Management Biodiversity Act, National Environmental Management Protected Areas Act and the Criminal Procedure Act so as to determine what influence it has had in the effort to regulate the illegal trade in rhino horn.
The conclusion that can be drawn from this study is that the South African regulatory framework on paper is indeed adequate enough to regulate and even eradicate the illegal trade in rhino horn. The reason, however, for it’s currently failure is attributable to a lack of enforcement of these measures as a result of a lack of provisions holding entities accountable.LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2015
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Filter, Ilona [Verfasser]. "Beschaffung, Handel und Konsum illegaler Drogen im Strafvollzug : eine Situationsanalyse / vorgelegt von Ilona Filter." 2010. http://d-nb.info/1007648791/34.
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CHEN, SHU-CHUN, and 陳淑君. "Public Perception of Everyday Illegal Behavior: Illegal Street Vendors in Taiwan." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/00233879972338664135.
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碩士國立臺北大學
犯罪學研究所
98
This thesis aims to explore, taking illegal street vendors in Taiwan as an example, the reasons that people acquiesce in illegal behavior. The objectives are: (1) analyzing the reasons that people acquiesce in illegal street vendors through the aspects of relationship, morality, economics and culture; (2) extending the study to public perception of other improper acts; and (3) providing some suggestions for improving street-vendor administration. By questionnaire survey of five sample groups: customers of street vendors, neighborhoods, legal street vendors or shops, illegal street vendors and the police, this study examines the social context of illegal street vendors in terms of 4 factors: relational distance, moral distance, economical distance and cultural distance, which are subconcepts derived from social distance. The data reveal that the acquiescence is higher for illegal street vendors and customers, and is lower for the police and the neighborhoods. The acquiescence to illegal street vendors within whole sample groups, however, is slightly high. Furthermore, by stepwise multiple linear regression analysis, the results show that “relational distance” is the primary factor in influencing the acquiescing action, and “relational distance” and “moral distance” are the two main factors in influencing the acquiescing notion, although the performance of factors in acquiescent notion may be more complicated. In addition, the study also finds that acquiescence to other improper acts is prevalent. How serious people think an improper act is does not influence the frequency that they do it. Also, when people measure the seriousness of improper acts, they take many factors into consideration, not simply the consequence of disobeying laws and the penalty. Finally, this study hopes to provide suggestions on street-vendor administration and further research.
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Chan, Shu-Hui, and 詹淑惠. "Decoding Illegal Insider Trading." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/4479wn.
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博士國立政治大學
財務管理學系
106
This paper combines intraday transaction data with criminal litigation events of illegal insider trading to investigate illegal insider trading prosecution events of listed firms in Taiwan Stock Exchange Corporation (TWSE) during 1993-2006. The first section, besides capturing the characteristics of illegal insider trading comprehensively, this study not only investigates the stock price and volume around illegal insider trading, but also calculates the abnormal return and the dollar profit for every illegal insider. More important, this study explores the price discovery from illegal insider trading under different information precision. First of all, the empirical result shows that stock prices respond more before good news (high information precision) announced, in contrast, stock prices respond less before bad news (low information precision) announced. Furthermore, illegal insiders gained huge profit from uninformed traders in financial market. Finally, I find that the price contribution of illegal insider trading before good news events is weaker, but the price contribution of illegal insider trading before bad news events is stronger. The second section, this research examines that order submission strategies of illegal insider trading associated with stealth trading and piggy-backing by market participators. Unfortunately, the extant literature could not provide answers to these issues. First of all, due to the high stealth trading demand, the evidence indicates good news events illegal insiders hide their orders by less aggressive orders and they break up more orders than bad news events illegal insiders obviously. Furthermore, in good news cases, I find a significant positive volume of non-insider clients buying illegal insider’s brokerage firm. The result is consistent with McNally et al.(2017), implies that good news events illegal insiders leak their order submission activities and lead to mimic by other participators. In contrast, in bad news cases, I find other firms perhaps to mimic trades of illegal insiders.
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KUO, FANG-CHUN, and 郭芳君. "THE EXCLUSION OF ILLEGAL-OBTAINED EVIDENCE–FOCUSING ON ILLEGAL MEANS BY PRIVATE INDIVIDUALS." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/31313729077658700514.
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碩士國立臺北大學
法學系
93
The study examines current enactment with regard to excluding illegally-obtained evidence, and introduces the theory and practice of the exclusionary rule. In particular, this thesis attempts to propose a further rule for the exclusion of illegal-obtained evidence by private individuals. Given the fact that there is few scholarly discussions on this particular issue, and the current law still remains silent, this paper adopts a comparative study on the legal system of United States, Germany, and Japan. Through the comparative research, a general principle can be found that the goal of the exclusionary rule is to prevent "insolence in office" and "deter" governmental officers from violating the law, and that the mission of the judiciary as it relates to the exclusionary rule is to limit the exclusion of probative evidence and to promote a search for the truth. The courts held that evidence obtained in violation of the Fourth Amendment to the U.S. Constitution, which would be subject to suppression if secured by a government official, need not be suppressed when obtained by a private citizen acting on his or her own behalf. On the concept of the rule of law, which has been articulated by the Constitution, whether the illegally-obtained evidence is admissible and become the basis of the judgment, involves weighing the various legal interests of individuals. However, in light of protecting other fundamental rights, such as expectation of privacy and public interests as well, Article 16 of our Constitution (the right to a fair trial) is not an absolute right but subject to reasonable statutory restraints. Accordingly, the Legislature has a free way to determine whether to exclude the evidence obtained illegally by private individuals or not, on the basis of its policy-decision making authority.
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Lin, Yu-ting, and 林昱廷. "Illegal use of foreign professionals." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/61435470943764681348.
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碩士國立中正大學
勞工所
95
In the past, the input of foreign professionals (or white-collar foreign workers) is subject to the authorization of corresponding authorities, which restrict the number of workers to avoid the impact on the employment of Taiwanese. However, since 2002 when Taiwan became a member of WTO, the restriction on foreign professionals should be abolished and should allow qualified managers and technicians to enter Taiwan for the provision of services. To secure the employment opportunities of Taiwanese, the government prepared three principles of supplementation, control of total number and limited industries and number in 1992, when blue-collar workers were allowed to be introduced. Therefore, the restriction on industries and quotas for foreign blue-collar workers has been very strict, with complicated procedures of application. On the contrary, the introduction of white-collar workers is flexible. This is the difference, which causes frequent breaches of law by foreign white-collar workers and their employers, making lawful people disappointed and threatening social security and economy. Therefore, this study mainly analyzes illegal cases of foreign professionals and the reasons behind, and eventually finds out the condition of illegal use of foreign professionals. Violations can be categorized into illegal employment, illegal service, illegal application and illegal use. And there are 8 reasons of violations: market needs, nonconforming qualification, inspection manpower insufficient, unfamiliar with laws, impact of the kickback strategy, difficult certification of diploma, careless check of documents and blue-collar workers pretending to be white-collar workers. Furthermore, aiming at the situation and discovery of illegal use of foreign professionals at current stage, suggestions are made as follows: appeal to governments attaching importance to social needs, increase the inspection manpower, bring continuation classes that have not been applied foreign professionals legally and kindergartens and nurseries into the enforcement management system, research to make plans to establish federative inspection system that crosses departments in all local governments by central governments, establish single window for providing certification and verification services, make English work permit rules to remind legally foreign professionals about violations, research to make plans to set up premium system to increase the inspection efficiency and willingness, make the education advocacy in Chinese and English contrast version to intervene strategies to enhance the law-abiding consciousness and cognition of employers and foreign professionals, amend the penalty rules on illegal use in Employment Service Law which adopt the penalty system that is of diversified and joint several liabilities, nine items etc. for the reference and deliberation for governments and employers in the industry.
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Huang, Yen-Hsiang, and 黃彥翔. "On Confiscation of Illegal Proceeds." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/y6wufy.
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碩士國立臺灣大學
法律學研究所
105
Illegal proceeds are remarkable incentive of crimes; hence the deprivation of illegal proceeds assumes the pivotal role of preventing crimes and restoring the legitimate order of property. Nevertheless, as the legal scheme of depriving illegal proceeds did not receive adequate attention in Taiwan, criminals were able to keep and enjoy their illegitimate profits. To solve this problem, the amendment of the Criminal Code of Taiwan in 2015 established the “confiscation of the proceeds of crime” as the critical scheme for depriving illegal proceeds. This amendment is the most significant change of the confiscation law in the past century, which recognized the confiscation of illegal proceeds as a criminal law measure sui generis rather than an accessory punishment, greatly extended the subjective and objective scopes of confiscation, and introduced crucial supplementary clauses. This thesis comprehensively studied the Verfall of German Strafgesetzbuch and the confiscatory clauses in international conventions, for these legal schemes are the blueprints of the amendment, in order to lay a foundation for the interpretation and application of the new law. In sum, this thesis finds the new confiscation law, which applies to all kinds of criminal acts and is not Schuld-based, has successfully closed the long-lasting loopholes in deprivation scheme of criminal law, and has provided the much-needed legal basis for an effective mutual legal assistance between Taiwan and other States; therefore, it is worthy of support in general. Meanwhile, this thesis also proposes a few amendments to the new confiscation law, with a view to enhance the confiscatory scheme in Taiwan.
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Yuan, Kai-Chun, and 袁凱群. "Illegal Entrant Detection in Restricted Area." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/74172758221974751781.
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碩士國立中央大學
資訊工程研究所
93
Due to the cost-down of capturing devices, surveillance systems are gradually widely applied in our daily life. However, the main function of current surveillance systems only focus on the recoding of video data. Besides, a lot of attention has to be paid by the surveillants in monitoring the video data. The developing of an automatic and intelligent surveillance system to detect, track, recognize, and analyze moving objects is an effective solution for saving the human resources. The main purpose of this thesis is to detect illegal entrants in restricted areas. Since a legal entrant in restricted areas always wears uniform, the color information of uniform is extracted to serve as the feature for determining whether an entrant is legal or not. Firstly, background subtraction technique is employed to detect moving objects from image sequences. Three key features including object position, object size, and object color are extracted to track the detected object. After that, the body of entrant is segmented into three regions; head, upper body and lower body, using the watershed segmentation methods. Finally, color features extracted from the region of interesting (ROI) are utilized to classify the legality of an entrant. Experiments were conducted to verify the feasibility and validity of our proposed system in detecting and tracking illegal entrants in restricted areas. The results is satisfactory.
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Chang, Hsin Yi, and 張心儀. "Research on protection for illegal child." Thesis, 2001. http://ndltd.ncl.edu.tw/handle/93372879463646187961.
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CHING, LI TAI, and 李岱璟. "A Study of Foreigners’ Illegal Work." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/6k39sz.
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碩士玄奘大學
企業管理學系碩士在職專班
106
The moving of talent and manpower is a part of globalization. In the modern society after industrial development, the demand for manpower is an important basis for developing economy in all countries. It means manpower will be the resources that countries compete for to ensure the stability of their economic development. The government has introduced foreign workers to support the economic development since 1989, and it has been 30 years to date. In the process of introducing, there has been different on foreign workers’ work types and source countries with the influence of industry demand and social changes. This also means that foreign workers are closely related to social development. However, with the number of foreign workers increasing, it also leads to various illegal types. From the most serious case about hiring escape foreign workers to assigning them to work inconsistently with licensing project; they are against the spirit of the strict permission system for foreign workers in Taiwan. The situation affects the people’s employment rights and seriously deviates from the spirit of the legal system in our country. It is such a serious issue that we cannot ignore. This article started with the reasons why foreign workers work illegally, and found that they work illegally due to environmental and personal factors. According to the research about illegal employment, this article analyzes various illegal types from practical judgments and related appeal decision cases. Based on the results of the analysis, I sum up the characteristics and elements of various types of illegal cases and list the ruling conditions of illegal employment. Finally, through the expert interviews, this article hopes to present the current practical workers' ideas for illegal work of foreign workers and their opinions on amendments to laws and regulations as a reference for future relevant practice and practice judgments.
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CHAING, WEI-HSIN, and 江威興. "Studies on Strategies against Illegal Logging." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/47764940466956884669.
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碩士國立中正大學
犯罪防治碩士在職專班
104
Abstract This paper aims to study the latest and various techniques of illegal pirates of woods done by criminals, as well as the effectiveness after the application of amendment on Law of Jungle, Communication Security and Law of Supervision. In order to achieve this goal, I firstly study the statistical data from 2005 to 2015 on the official websites of the Judicial Yuan and Ministry of Justice, and then cross studying differences before and after amendments of laws. Secondly, I took a comprehensive analysis on cases of illegal pirates of woods broken down by polices and officials with the methods of Communication Monitor. Finally, it is concluded after interviews with eight selected professional officers from Department of Prosecutors and Polices, and Bureau of Forest in hope of representing different perspectives of law breakers, enforcers, and victims. 1. The pirates of woods devastate our forest resources. Driven by more profit, those deforestation groups strengthen their organizations by recruiting cheap foreign labors with no fixed abode that aggravated the forest crisis. In order to effectively break down the deforestation groups, the primary tasks are to arrest the heads of those deforestation groups and the unscrupulous vendors. 2. Communications surveillance is the latest technique to break down the deforestation groups. By monitoring the illegal activities, we can penetrate their organizations in hope of locating their leaders eventually and catch those dishonest vendors. With the encouragement of rat policies and investigations, communications surveillance becomes the key method to break down those illegal activities of smuggling woods. 3. The Law of Jungle is effective at the beginning when it was put into practice and only then the core value of environment is embodied. By increasing the fine and penalty in the short term does deter the crime. However, the market demands for precious woods are still high. Hence, it is imperative to establish an legal trade inspection system soon. 4. The joint inspection of Police and Forest Officials is more effective at breaking than preventing the illegal activities, especially under the expert guidance of Inspectors, policemen and the officers of Forest Administration, since they successfully break down many illegal logging activities of large deforestation groups. However, there is still room for improvement of integration and communication of cooperation. In virtue of interviewees' professional and practical ideas, along with the my own experiences and researches on this subject, in this paper, the recommendations from five dimensional uses of technology, regulations, management, cooperation and criminal prevention; aided with intelligent technology, comprehensive legislation, managerial skills, and meticulous cooperation, are provided for the purpose of making the whole investigation and prevention system more efficient. Key words : illegal loggings, criminal context, The Forestry Act, communications surveillance , rat policies
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Chen, Shih-Ming, and 陳世明. "Detect the Illegal Signatures in Multiple Signatures." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/23973320267579114144.
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碩士朝陽科技大學
資訊管理系碩士班
91
Recently, Harn proposed an efficient batch verifying multiple RSA digital signature scheme. In Harn’s scheme, multiple signatures can be signed by the same private key and the these multiple signatures can be verified simultaneously, instead of a scheme in which the signer must verify signatures repeatedly. It is more efficient than separate verified signatures. In Harn’s scheme, we can easily forge individual signatures. Hwang-Lin-Hwang provides two methods to demonstrate that the signer can forge individual signatures and make the batch verification valid. In addition, in Harn’s scheme, if the batch verification fails, we cannot find out where the signature fault is located and we must verify all individual signatures separately. It is very inefficient. In this study, we provide a new method to demonstrate that how to avoid Harn’s weakness and make the batch verification can find out where the signature fault is located easily and we don’t need to verify all individual signatures separately.
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Wu, Yung-ming, and 吳詠明. "In Tooley research of the illegal benefit." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/99077791443141589065.
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碩士國立雲林科技大學
科技法律研究所碩士班
100
ABSTRACT In October,2001, the three crime elements like ”deliberate law-breaking,” “intentionally for one’s own or others’ interests,” and “thereby to benefit” were succinctly written onto the Criminal law and the Corruption Act. The Ministry of Justice and some observers declare that this act would solve the controversial arguments upon the ambiguity of crime elements integral to Crimes for Profit. Among these, the conviction of “thereby to benefit” is converted from perpetrator to result-gainer, according to some scholars and some realistic- minded observers. In short, the result-gainer means those people who have gained profits in the end, and the profits have to be trimmed illegally. What is the definition of “illegal?” The Ministry of Justice fails to explicate it in “Bewared Items for the Prosecution Office on Corruption Cases.” Besides, there are diversified interpretations upon illegal profits. One of the examples is to borrow license and to gain profits from engineering construction by excluding other bidders who have taken part in the project and have earned some profits which are likewise examined in term of pros and cons. That is, are “illegal profits” equal to “profits gained from crimes?” Can “invisible interests” be examined in the criterion of “illegal profits?” It is one of the ultimate goals for the Juridical to integrate the different but related legal interpretations. It is therefore a challenge to the Juridical in face of these diversified juridical judgments in the real world, and a must to explore the nature of these interpretations. “Legal advantage” is one of the basic ideas of the Criminal law, but can it be used as a theoretical base? How much can “Legal Advantage” function? What aspects of “Legal Advantage” function? What aspects of “Legal Advantages” that the crimes for profit need to protect? Is this an “expected interests?” How to count and evaluate them are the main focus of this paper.
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Leu, Shwu-Woei, and 呂叔瑋. "The Organization and Operation of Illegal Logging." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/73011920495060908832.
Full textAbstract:
碩士國立臺北大學
犯罪學研究所
99
Abstract The Organization and Operation of Illegal Logging by Leu, Shwu-Woei July 2011 ADVISOR(S): Dr. JOU, SU-SYAN DEPARTMENT: GRADUATE SCHOOL OF CRIMINOLOGY MAJOR：CRIMINOLOGY DEGREE: MASTER OF LAW To examine the problem of illegal logging, this study used in-depth interviews as a qualitative methodology, carrying out interviews with ten prisoners. The ten interviewees separately played roles as crime leader, conspirator, route guide, stolen-log-receiver, and truck driver and so on and they were individually working within a wide-ranging illegal logging organization, smuggling murraya paniculata and tuberculate-wart. The illegal logging mainly spreads across in north, south and east inland Taiwan. This study identified: four psychological motives of interviewees who participated in illegal logging: (1) not graduated from high school and with criminal records not able to find a normal job with sufficient salary, (2) taking risk to break law due to lack of money to buy drugs, (3) close to illegal logger, inviting or inciting to attend, (4) fulfilling private interest in treasure searching; seven external ‘attractors’: (1) current job easy to commit and undertake illegal logging crime, (2) vast remuneration from illegal jogging, (3) free working hours and able to get a body-training effect, (4) plenty of stolen-log receivers, plus the quantities of particular log is decreasing, not increasing, (5) distant from outer world and little likelihood of forest patrol presence (6 ) patrol unlikely to give chase (7) the sentence for conviction of illegal logging is perceived to be lenient, in contrast to likely financial rewards; five specific features of illegal logging organizations: (1) flat organization, criminal leader conducting with horizontal job assignment, little vertical job assigned, (2) core members mainly three to five people, (3) major party members are in middle age, male, almost no females, (4) committing illegal logging as long term job, no violent tendency, (5) members of large scale illegal logging mostly have general background in organized gang. and several operating patterns : (1) the target of illegal logging focuses on precious timber, (2) committing illegal logging crime when people unlikely to appear, (3) delivery of stolen logs is separate from transport of the criminals, (4) utilizing electrical saw, truck or pick-up as criminal tools, (5) communicate not using password, but prudent wordings, (6) main core members are close relatives or friends, (7) special selling channel to receiver of stolen log, (8) large scale illegal logging often involving bribery to government officials. This study made conclusions and applied Rational Choice Theory in elucidating the motives of illegal loggers, applied Routine Activities Theory in analyzing operation patterns of illegal logging, and applied Situational Crime Prevention Theory in the preventive strategy against illegal logging. Keywords: illegal logging, illegal logger
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Yuan, shiau-Jiun, and 袁曉君. "The Criminal Liability Regarding Illegal Credit-Providing." Thesis, 2000. http://ndltd.ncl.edu.tw/handle/86315276922282689930.
Full textAbstract:
碩士中原大學
財經法律學系
88
ABSTRACT Chapter 1 Introduction The fist chapter illustrates the effect of illegal bank loan for writing this thesis and the research methods adopted in this thesis. In addition , this chapter defines the scope of this thesis and describes the contents of the relevant chapters. Chapter 2 The Credit-Providing of Bank and Credit Union and Crime of Financial This chapter illustrate principle of credit-providing and narrate the credit flow and restriction of bank loan of bank and credit union. In addition narrate the causes of illegal credit-providing, this thesis also dissert the characyeristic of crime of financial . Chapter 3 The Criminal liability Regarding Illegal Credit-Providing This Chapter first dissert the definition of illegal Credit-Providing, then classify types of illegal credit-providing as four types. First type : violation of banking law of the Republic of China. Second type : violation of regulations or rules decreed by the administrative agency. Thirdly type: violation of inside rules decreed by the bank and credit union. Fourthly type: people who violated crime of corruption and nonfeasance. After illustrates these four type , this thesis adduced cases that happened in the Republic of China and Japan. The criminal liability of criminal act are divide into three parts. At first, is the liability of criminal offender . Secondly , is the liability of the bank and credit union. Thirdly ,is the liability of the debit side. This thesis dissert the liability of these ternate criminal types. Chapter 4 The Relevant Regulation Illegal Credit-Providing Under the Law of Japan At first , this Chapter introducing the relevant regulation illegal credit-providing the law of Japan. Then this thesis are judge the banking law of the Republic of China in comparison with e relevant regulation illegal credit-providing the law of Japan. Chapter 5 Conclusion The author states the conclusion and research results of this thesis.
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Chu, Feng-Nan, and 朱峰男. "Preventing Illegal Internet Access from the Intranet." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/9rk7cn.
Full textAbstract:
碩士中華大學
資訊管理學系碩士在職專班
101
With the penetration of smart phones, 3G and WiMAX mobile Internet technology, more and more smart phones and tablet PCs are brought to work for instant access to the company data and the latest information. However, the information security of a company may be disrupted as the company's internal computers may easily connect to the Internet when employees use wireless Ad Hoc networks or 3G Internet access through smart phones. Thus, it has become a critical information security issue to develop restrictions and management practices in regards of the prevention of illegal internet access from the intranet. Against such behaviors, the companies need to develop a set of information security policies and relevant penalties as internet accessing guidelines for the colleagues. In addition to the development of information security policies, the actual implementation should include the prevention of connection-making and information-exchanging behaviors between the internal and external networks. Using the information security policy, concept of network isolation, automatic monitoring system, automatic management mechanism, and the warning system, this study provide a framework of the prevention of illegal internet access from the intranet, which can immediately detect illegal network access, effectively isolate from the illegal networks, and instantly notify the relevant personnel to achieve the data confidentiality, security, and real-time information security and prevent the company from security problems and losses caused by the illegal access to the external internet.
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Lin, Hsiao-Kan, and 林小刊. "Stock Manipulation and Its Illegal Profit Calculation." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/52vvxs.
Full textAbstract:
碩士國立交通大學
科技法律研究所
105
Due to social changes and technological development in recent years, we hear about major financial crimes from time to time. To safeguard investments and strengthen the securities market, when formulating the Securities and Exchange Act in 1968, the legislators have already stated clearly in Article 155, prohibiting the act of “manipulating stock prices” (we will refer to this as “manipulation”) and have listed various types of manipulation as examples. At the same time, those in violation of manipulations pursuant to Article 171 shall bear certain punishments. Later on, when the Securities and Exchange Act was amended in 2004, in addition to raising the statutory punishments of manipulations, the increased type of manipulation was even added in Paragraph 2 of Article 171. That is, those in violation of manipulations and have gained NT$100 million or more by the commission of an offense shall have increased punishment. Paragraph 6 of said article has stated clearly the scope of confiscation. Accordingly, the amount identified as having gained by the commission of an offense will affect the degree of punishment and scope of confiscation of the perpetrator and will have a huge impact in the personal freedom, property rights, and other rights of the defendant. Therefore, one must be extremely prudent in identifying the amount gained through the commission of manipulation. However, the Securities and Exchange Act does not further define the amount gained through the commission of manipulation; therefore, how the amount gained through the commission of manipulation is a major controversy in practice. Furthermore, although the reason for amendment of Paragraph 2, Article 171 of the Securities and Exchange Act was that the amount gained through the commission of manipulation can be calculated with the stock price during the manipulation period and the comparison between the rate of change in shares of similar nature or in the market, and multiply it with the number of shares manipulated by the perpetrator, there are still unclear areas in this calculation method, for example: In the end, is it more appropriate to use the shares of similar nature or the market as a comparative basis? How should the scope of shares of similar nature be defined? When the rate of change in the market or the shares of similar nature is larger than the stock price manipulated by the perpetrator, how should the amount gained through the commission of an offense be identified? These are all unclear. Since both the law and the reason for amendments do not clearly express the method of calculation, this has caused differences in practical insights and there have been situations such as constant remands and delayed proceedings. In order to practically understand the standards of calculating the amount gained through the commission of various manipulations, we have used certain keywords to search the judgment and decision of various courts and have selected the judgments and decisions that are newer or more representative to conduct in-depth analysis, so as to provide a criteria that can be followed for everyone. At the same time, through research methods, such as the review of documents and in-depth interviews, feasible recommendations for amendments on the issue of calculating the amount gained through the commission of an offense in Paragraph 2, Article 171 of the Securities and Exchange Act are proposed.
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WANG, SZU-HUA, and 王思樺. "The Space Images of City Illegal Housing." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/hd45pz.
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碩士國立臺北藝術大學
美術學系美術創作碩士班
94
Summary The architectural objects and appearance represent the characteristic and the living standard of a city, which are often the most distinctive and recognizable substances. Through the translation of culture, the evolution process of building constructions defines the transformation of space. By exploring the existence and significance of the space from life experience, the spatial attributes of the physical environment are converted into conceptual images as the resource of creation. In this article, I have used the metropolitan unlicensed buildings as my observation of the current living environment in Taiwan and as my research of the relationship between the life style and the living space. With the repetitive experience and practice, I have developed the methodologies to illustrate and express the physical components of the architectural space in the ink painting compositions. Chapter 1: Purpose and Research Methodologies Chapter 2: Traditional Ink Painting vs. Transition of living space – discusses transition of current living environment and significance of buildings. Chapter 3: Metropolitan Unlicensed Buildings vs. Living Space – transforms visual appearance of buildings into conceptual images of ink painting. Chapter 4: Techniques and Material – illustrates process and development of metropolitan unlicensed buildings in achieving ink painting formation. Chapter 5: Compositions - describes and discusses purpose, concept, process, and demonstration. Chapter 6: Conclusion – thoughts on ink painting composition.
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曾立至. "A Video Fingerprinting Method Against Illegal Distribution." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/48908119681149199701.
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碩士國立清華大學
資訊系統與應用研究所
93
In this paper, we use fingerprinting which is a technology for embedding the user’s identity, known as the fingerprint, before the distribution of content. Then the content is no longer protected by the access control. It is necessary that fingerprints are difficult to remove from the content because the evil users want to escape from the detection of fingerprinting. If we want to protect the delivered digital content, we often require the ability to trace and identify entities involved in the illegal redistribution of the content. Our fingerprinting method is block-based so that it can be used in the existing video standards, like MPEG 1/2. If there are many users, the fingerprints designed by BIBD are enough to meet the problem because of their dependence. From the detection results, our method is robust to many attacks in experiments and we can trace the users who distribute their copy illegally.
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Su, Hsi-Hsun, and 蘇錫勳. "The Impacts of illegal immigration on Taiwan's National Security(2000-2012):A Study on Vietnam's Illegal Immigrants to Taiwan." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/xvkj8x.
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碩士國立中正大學
戰略暨國際事務研究所
102
This research attempts to investigate Vietnamese illegal immigrantation to Taiwan and its impacts on Taiwan’s national security in recent years. Through the analysis of theories of human trafficaling and cases studies, the study develops practical results and policy suggestions to the government of the Republic of China for its national interests and the interests of Taiwan’s people. As a serviceman in Taiwan’s Coast Guards, the author of this study also stresses the importance and responsibility of the Coast Guard Service of Taiwan and its needs to further crack down criminal activiities which operate behind the illegal immigrantation from Vietnam with inderect assistence by gansters in southeast China provinces.
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HSIAO, MING-CHU, and 蕭名助. "Discussion on Disaster Prevention Management of Existing Illegal Buildings- Take example of illegal building roofs in New Taipei City." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/kgpg95.
Full textAbstract:
碩士中國科技大學
土木與防災設計系
106
Illegal building that add floors raise many safety concerns. These additions make them vulnerable to earthquakes and fires that may cause injury and heavy casualties. Although the government requested that these buildings be taken down, these efforts were delayed due to a variety of reasons. Because these buildings stayed up, every time a fire broke out, it quickly spread and was difficult to fight, often causing property damage and serious casualties. Even though people may still be living in these buildings, they still must be managed for disaster control. This study reviewed and analyzed the status of illegal building construction, referenced fire statistics and existing cases of illegal building fires, and analyzed the current status of illegal building construction in New Taipei City. By analyzing expert interviews, fire-fighting equipment, building fire protection plans, escape equipment, and escape routes, we devised a set of management methods and procedures to deal with the demolition of existing illegal buildings in order to achieve effective disaster reduction, life safety, and property protection. These methods can also greatly increase the chances of survival for trapped people, and allow search and rescuers to easily enter the scene to rescue and extinguish the disaster, thereby creating a win-win situation for the people and government agencies.
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Yang, Chen-yu, and 楊振裕. "The research of the labor insurance illegal benefit." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/44591423988417582352.
Full textAbstract:
碩士國立中正大學
法律所
98
Labor insurance is primarily a social insurance program providing protection of rights and welfare of labors under constitution with an aim of ensuring workers’ safety, looking after labour welfare and promoting social stability. With the insurance program, workers and their families can be integrated into the society and obtain support and protection against socially recognized conditions, including poverty, old age, disability, unemployment and others through self help and mutual aid. Labor insurance also ensures that workers are paid the minimum wage necessary for keeping workers and their families. In view of the important role that the labor insurance plays in maintaining social security and to ensure workers and their families to get benefits that they are entitled to claim whenever a problem is encountered, it is really not allowed to tolerate anyone who makes money illegally from labor insurance. Labor insurance frauds refer to the obtainment of insurance benefits that are not due to him/her by cheating or violating labor insurance regulations during the period from joining the program till the payment of insurance benefits. Basically, the study analyzes and investigates those insurance frauds based on labor insurance regulations in Taiwan and examines carefully and in detail the payment system. An attempt furthermore was made in the study to discuss all possible frauds one by one. Focusing on insurance frauds that are often got caught in Taiwan, the study examines how people practice illegally to cheat Labor Insurance Bureau and to understand the nidus of these deceits. Meanwhile, through the analysis of administrative and judicial control over labor insurance benefit payment and the discussion of controversial cases to find out where the problem is, the study attempts to provide data summaries and recommendations that could be used by agencies and authorities in the provision of labor insurance program for workers as well as a basis for future research efforts.
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LIN, LIU CHUN, and 劉俊麟. "Punishment of illegal use of Vehicle lincence tax." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/99102879292770240356.
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Lin, Chi-wei, and 林起衛. "Study on the Right to Remove Illegal Consequences." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/25231929394341122535.
Full textAbstract:
碩士東吳大學
法律學系
99
The Right to Remove Illegal Consequences (“Folgenbeseitigungsanspruch”) is a subjective Right that be based on the protection of constitutional rights, which function to obviate the illegal realistic consequences that came from administrative act, then return to the right of original condition. Even though the positive law is deficient, it would be found if the concrete case could be conformed with “the illegal consequence comes from administrative act” and “the illegal consequence remove possibly”. The Right provides the sufferer to ask administration for returning to the right of original condition. To ask obviating the illegal realistic consequence, and the illegal consequence remove possibly, its proper lawsuit should be general supply litigation therefore. About suggestions of this essay, one is added to the right to remove illegal consequences in Administrative Procedure Act, and the other is deleted that return to the right of original condition within Administrative Compensation Act Article 7. The chief aims that could calm academic discrepancy down, and make law system clear and compatible.
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TSAI, TO-HO, and 蔡多賀. "Illegal profiteering and regulation of the pawnshop business." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/38903261971394963474.
Full textAbstract:
碩士國立臺北大學
犯罪學研究所
94
The purpose of this research is to examine the illegal profiteering of the pawnshop business and its relationship to regulation strategies. Content analysis and in-depth interviews were undertaken: 86 court cases (2000-2004) were analyzed and 5 pawnshop owners/workers, 2 customers and 2 police were interviewed. The results indicate that the pawnshop owners/workers took advantage of a loophole to evade the violation of laws by way of “dispute of debt”, “gaining profit from employee”, “getting good relationships with the police institute”, “cheating the borrowers”, “taking back the debt”, and so on. The pawnshop workers/employers gained the benefit, including 4 percent basic interest and 5 percent interest for the additional warehouse expenses, with a total of 9 percent interest, which was taken as the basis for calculation from the origin of this business. This leads to various kinds of profiteering such as “car is still being used, proof document loan”, “the pawnshop employees loan outside”, “valuable pawnshop license profit”, “receive expense by using other titles”, ”debt merger and transfer”, “use car loan,” and so on. The study argues that victim precipitation theory, the pawnshop workers/employers differential association theory, deviance subcultural theory, and the lack of regulation of the pawnshop business all arguably contribute to profiteering in the pawnshop business. Suggestions are made on how to improve the situation in the pawnshop business.
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Yeh, Li-Yu, and 葉麗玉. "Ownership Structure, Board Composition and Illegal Corporate Behavior." Thesis, 2000. http://ndltd.ncl.edu.tw/handle/77434985952988860040.
Full textAbstract:
碩士國立雲林科技大學
企業管理技術研究所
88
Recently corporate illegal act has become the focus of public attention, because it may cause serious economic and social problems. The main purpose of the study is to exam the relationship among ownership structure, board composition, and corporate illegal act. The sample used includes the data of 118 companies listed in Taiwan Stock Exchange, excluding banking and insurance industry. By using the Logit Regression method. The research finds out the empirical evidences as follows: 1. The relationship between managers’ shareholding ratio and the possibility of corporate illegal act is a “non-linear”. 2. The possibility of corporate illegal act will be reduced when boards’ shareholding ratio is increased. 3. The concentration of financial institutions’ and large shareholders’ ownership can reduce the possibility of corporate illegal act. 4. The possibility of illegal act will be increased when families’ shareholding ratio is increased. 5. The seat numbers of outside directors, institutional shareholding (such as government and legal entities), and foreign investor’s shareholding have no significant relation to the possibility of illegal corporate act. 6. The monitoring function will be promoted when the company has the high ratio of debt or the size becomes large.
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Kung, Chien-Jui, and 龔建瑞. "The study on illegal logging and forest crime." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/cu4wmz.
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碩士國立中正大學
犯罪防治碩士在職專班
105
In order to protect forests and sustain the sustainable development of biodiversity, the UN Climate Summit, through the Paris Agreement on 12 December 2015, is seen as "saving the last and best chance of the earth". However, in June 2017 the United States announced its withdrawal from the Paris climate agreement, causing the world uproar. The forest protection is considered more important in Taiwan due to the natural disaster such as mudslide and extreme weather such as ENSO caused by global warming. Therefore, for the increasingly serious problem of illegal logging,Insight into the criminal links to take effective strategies to curb or prevent illegal felling of trees and offenders to ensure homeland security. The Qualitative Research Methods were used. By purposive sampling, six criminals those who had arrested by involved in illegal logging and illicit purchase were interviewed in depth. Semi - structured interviews were employed to collect data. Through interviewees’ personal experiences to understand the modus operandi of crime. The results of the study found that: commit a crime of logging is planned, regional and changing by mainstream product in the market. Conifers 1st Class and 2nd Class are the target. In a networked society nowadays whose Information and technology are rapidly developed, social networking sites and apps are became dead angle in the criminal investigation. The runaway foreign workers become a main strength of forest crime. Thus, the illegal forest thieves are covered by legal ones, acquirer uses the legally obtained documents to cover illegal acquisition of trees. They break the clue to avoid inspecting by the officials. Additionally, it makes drug users to engage in illegal logging. These are the most difficult and urgent problems. According to the study result, the researchers made the following recommendations for practical work: 1.establish a large of database. 2. Smarttech utilization. 3. adjustment of administration system. Key word: illegal logging, Conifers 1st Class, networked society
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Liao, Chan-Yi, and 廖展毅. "Research on The Law of Timber Illegal-logging." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/as32f4.
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碩士國立臺灣大學
科際整合法律學研究所
105
The word “ Timber illegal-logger “ is common in news , and related to the Forest Act Article 50 and Article 52 in Taiwan . Because the literal meaning of the Forest Act Article 50 and Article 52 are similar to the Criminal Code Article 320 and Article 321 , Judges and prosecutors usually use the way of protecting legal interest of personal property which is the elements of the offence of larceny to explain the elements of crime in the Forest Act . It is not the legislative purpose of the Forest Act . This research is going to explore the true legal interests of the Forest Act Article 50 and Article 52 and try to explain the elements of crime. First , this research collects and analyzes the judicial practice of timber illegal-logging , and it comes the conclusion that judges used to think the elements of the crime of timber illegal-logging is personal property . Then , this research analyzes and comes the conclusion that the crime of timber illegal-logging protects the legal interest of environment , instead of the legal interest of personal property from environmental criminal act , other similar environmental act , legislative process and the change of forest policy . The connotation of the legal interest of environment is “ feature of soil and water conservation ” and “ feature of nature conservation ” from Forestry and the Criminal Code . After using this concept to explain the elements of crime of timber illegal-logging , the conclusion is that the word of “ steal ” in the elements of crime should be considered as “ the criminal first logs timber and then gets the wood out of the forest . ” Besides , the legislator should use the legislative model of “ concrete crime of danger ” , and abolish some clauses which do not have legitimacy of punishment of Forest Act Article 52.
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HUANG, PIN-TENG, and 黃品騰. "A Study of the Laws Concerning Illegal Searches." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/zwd2u5.
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You, Shan-Shan, and 游姍珊. "Exploring The Risk Perception of Pedestrian’s Illegal Crossing." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/pt2g8t.
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碩士國立交通大學
運輸與物流管理學系
105
Among the fatalities and injuries resulted by traffic accidents, pedestrians ranked the third highest place, next to motorcyclists and car drivers. Although it has been a key issue, the amount of people who involved in the accident are still growing up. In the past, research for pedestrian crossing behavior were almost around with children and elders, less focus on teens and adult, so in this study, the key group will concentrate in young age’s illegal crossing behavior in order to see the difference. This study conducted a series of scale design and applied the Rasch analysis to screen the items of scale, and empirically verified the developed conceptual framework by a structural equations model. The study results indicate illegal crossing behaviors were issued with pedestrian’s safety crossing knowledge, risk perception and the confidence. With different environments and situations, pedestrians tend to have different illegal crossing behavior. The study results could be applied to the safety education in order to lower the intention of illegal crossing and rise the knowledge of safety passing.
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Hsu, Ming-Hsiu, and 許銘修. "A Study of Forest Illegal Logging in Taitung." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/24226s.
Full textAbstract:
碩士國立臺東大學
區域政策與發展研究所
98
A Study of Forest Illegal Logging in Taitung Hsu,Ming-Hsiu National Taitung University,Graduate school of Policy and development Abstract For we human, forest is the precious gift from the nature, not only to provide daily life referring to every living material but to hold the unmeasurable value of community and ecosystem. For its particularly unique, Taiwan’s forest resource, like stout camphor, red cypress, cypress trees and other precious species are well-known for the quality been provided in construction, furniture and technical skills. However, besides the astonishing high cost itself, meanwhile lead to those merciless killing by mountain rats. The forest cover rate in Taitung is the highest in Taiwan, illegal logging constantly occurring attributed to the coveting for the precious tree species from Mountain Rats. Yet rare studies for those theft in such similar illegal behavior shown in either current acedemia or practitioners, rather none in regional case study appeared. Therefore, by purposive sampling method to select appropriate objects, qualitative interview to collect information and other literature information to interact check in this study aimed at clarifying the situation and causes of illegal logging in Taitung.In order to realize the motivation, patterns, appearance and crime organization division of mountain rats, even the referring involvement of civil service members,and further analysis pros and cons in forestry law to make some concret suggestion.According to the study, conclusion as it follows: 1. The most serious illegal logging is in the neighberhood of Chulu because of its resource distribution, transportation and criminal learning. 2. Besides the main incentive-based on the high cost of illegal logging, also have the leisure, health care or techical admiration. Main illegal logging target for Antrodia, Antrodia mushrooms and Qi Li Xiang. 3. The fine organization division,deliberate planning, and excellent tools of mountain rats, more often carrying out their legitimate work as a cover of their crimial intent. 4. In what subjective or objective driven on both judicial investigation and trial effect cannot deter mountain rats. 5. The system of forest protection and the operation in Forest cum Patrol Police of Nature Conservation still fail in management leading to little benificial result. In the line with conservation, this study suggests that the thinking against illegal logging should promote to the early stage-prevention, also to combine with situational prevention model of Criminology and Crisis managemenet model to develop a feasibe strategical framwork. There are four dimensions: raise the difficulties to crime, enhance the crime risk, reduce the criminal rewards and yield to the guilty and shame consisted of the prevention beforehand, the management in current and the recovery in after. This study provides some feasibe strategies including to build up the consious and thoughts in forest protection and law rules; to set up control stops in some important areas; to strengthen construction patrol quality in mountains; to make good use of other community resources; to apply hi-tech monitoring products; to connect between the police and the prosecutors; to found the detabase of illegal logging groups; and to destroy the network of theft disposal. Keywords: illegal logging, mountain rats, forestry law, forest protection patrol system, the forest police
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Tasi, Shu-Min, and 蔡淑敏. "Compulsory Enforcement against Illegal Construction in Banking Practice." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/bh2x64.
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碩士國立臺灣大學
事業經營法務碩士在職學位學程
107
This study discusses how illegal constructions, which have been long pre-existing and are still large in numbers in Taiwan, can be enforceable during civil compulsory enforcement proceedings in practice, where creditors can obtain payments and satisfaction of their claims through the seizure and auction of illegal constructions. The paper studies cases from banks and verdicts from courts of different levels, dividing the cases into three types based on the party against whom the enforcement action was taken (the builder, the buyer and the third-party), and analyzes the courts’ opinions on who can exercise dissent rights. The paper aims to provide references and basis for loan departments when accepting illegal constructions as collateral and for debt collection departments to better secure claims if a third party exercises dissent. The study shows that the creditors of the proprietors were the big winners from a profiting point of view. While the banks are the creditors of the proprietors, during appraisal, whether the constructions indeed belong to the borrowers (or the collateral providers) should be verified with caution to prevent a third party from exercising its dissent right and prolong the legal process, or causing the banks’ failure to obtain the right of priority. From the many verdicts, the following are key points that are common in such legal dispute: a) whether the illegal construction is functionally and structurally independentfrom the original construction. Some scholars believe that an additional construction with independent doorways is not an appendage to the main construction. If it is not registered as a pledge separately, the lender does not have the right of priority; b) the person whom the property tax is registered under is only a taxpayer who fulfills his/her lawful duty and not to be inferred as an object in a civil lawsuit nor the proprietor; c) to whom the utility are billed is considered by the courts a matter of convenience, thus the name of the utility account cannot be used as a way to determine the owner.
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Hou, Nai-Wen, and 侯乃文. "Illegal Insider Trading, Firm Value and Corporate Governance." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/85758377070456441293.
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博士國立高雄第一科技大學
管理研究所
101
This study examines the relationship between illegal insider trading and corporate governance. I analyze a sample of 156 cases, 78 illegal insider trading episodes and 78 matched firms. I use four dimensions to measure corporate governance, including board composition, ownership structure, financial reporting credibility, and other variables. Moreover, I investigate the relationship between the firm value and corporate governance based on the same sample. The result reveals that some variables proxy for board composition and ownership structure are significantly and negatively correlated with illegal insider trading. These include CEO duality and domestic investors. Besides, I also find that four coefficients of the six variables that proxy for financial reporting credibility are positive and significant. They are the frequency of restatements, turnover of board chairman, earnings management, and frequency of CPA switch. This suggests that firms with less financial reporting credibility have higher probability of illegal insider trading. This finding highlights the importance of credible and transparent financial statements. In addition, the firms downgraded to full-cash delivery stocks are significantly correlated with illegal insider trading, suggesting that firms with financial distress are more likely to have illegal insider trading. However, the relationship between firm value and corporate governance is weak. This finding implies that to help prevent or curb the occurrence of illegal insider trading, the major directions for corporate governance system in Taiwan are enhancing the responsibility of the board of directors and bringing the function of supervisors into effect.
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Chang, Wen-Kai, and 張文愷. "The Tort Liability of Infringement upon Illegal Plaintiff." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/61083054310595905830.
Full textAbstract:
碩士國立臺灣大學
法律學研究所
104
The thesis “The Tort Liability of Infringement upon Illegal Plaintiff” focuses mainly on how an unlawful conduct of the plaintiff can affect his right of compensation in tort cases. The aim of the first chapter is to correctly find out the role of “illegality of plaintiff” in a tort case under taiwan civil law. The precedent of taiwanese court and the doctrine of ex turpi causa in common law both seem to take “illegality of plaintiff” as a reason to negate a duty of care or a special defence. However, through a detailed analysis, the thesis believes that by practicing the inherent constitutive requirements of tortious liability in each case presicely, we can deal with this problem and reach a reasonable solution in exisiting legal framework already. In the second chapter, the thesis points out that when the damage of the plaintiff is deemed “illegal” due to his own illegality, this damage can not be compensated. The reason to refuse the compensation of “illegal damages” is to maintain the integrity of legal system. Therefore, whether the damage is “illegal” or not should be based on the interpretation result of the integrity of law.
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ChANG, WEN-YUAN, and 張文源. "Illegal Internet Service Providers and Tele-communication fraud." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/01386959963639434279.
Full textAbstract:
碩士國立臺北大學
犯罪學研究所
104
No matter of fraud victims from Taiwan or China, or other countries, it is the help of illegal Type II telecommunication allowing scam clans travel around the world. The main purpose of this study is to develop the feasible counterplots to avert the crimes to be committed and clear up the terror in public toward fraud. It is also expected to provide references for police department and related governmental agencies to establish fraud prevention policies. With review of related investigation cases, latest official data and documents as well as depth interview with insiders that extremely understand the operation of telecommunication fraud and crime (type II telecommunication offender) and outsiders (investigators and NCC administrative auditors) total in 5 persons, the important findings of the study: (1) “fund” is the basic requirement of founding telecommunication scam clan; (2) among the requirements of founding telecommunication scam clan, the most important one is the help of Type II telecommunication enterprises on platform installation and set up telephone control room . Subsequently, they can “gain huge fraud income”. Finally, the study suggests: (1) Executive Yuan organizes the cross-department anti-fraud project team; (2) grant NCC with broad and effective administrative audit authorization and increase the number of administrative audit specialists to carry out audit duties; (3) review the differences of juridical system across the strait and the issue regarding joint fight against crime; (4) promote and establish information exchange platform regarding global fighting and preventing telecommunication fraud through Asia/Pacific Group on Money Laundering（APG）, Egmont Group, ARIN-AP, International Association of Chiefs of Police (IACP） social governmental and private international organizations. Aiming at the globalized telecommunication fraud, only the promotion and cooperation of cross strait governments as well as opening the investigation and rapid exchange of international juridical police toward online telecommunication and financial information may effectively suppress and eliminate the crime and create win-win situation.
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Yu, Te-Cheng, and 余德正. "The Criminal Liability for illegal use of internet." Thesis, 2000. http://ndltd.ncl.edu.tw/handle/53068139472724527024.
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Chiu, Tsung-Hsien, and 邱聰憲. "Audit Quality, Corporate Governance and Illegal Insider Trading." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/84666865478900805721.
Full textAbstract:
碩士國立中正大學
財務金融研究所
103
The study examines illegal insider trading between 2006 and 2014 in Taiwan and explores whether corporate governance and audit quality influence illegal insider trading activity. The empirical result indicates that illegal profit has significantly positive relation with family firms and significantly negative relation with incentive compensation for outside director. Further, the empirical result indicates that illegal insider trading has significantly positive relation with restatements and significantly negative relation with outside director and institutional ownership. However, the study shows that illegal insider trading has insignificant relation with CPA firm’s reputation, industry specialism and unqualified opinion.
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陳國華. "The Research on the Matter of Illegal Entry." Thesis, 2000. http://ndltd.ncl.edu.tw/handle/89858179548721780835.
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Lin, Shih-Wen, and 林仕文. "On The Admissibility of Evidence by Illegal Surveillance." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/04729774892298158994.
Full textAbstract:
碩士國立臺北大學
法律學系一般生組
103
The issues focus on the infringements of communication surveillance involved the rights of communications in secret and privacy. There is the fundamental rights in the Constitution of the communication secret, privacy, freedom of residence restrictions in our country. The most important problem is “how could we get the balance between the fundamental rights in the Constitution and surveillance”. The telephone communication range of communication channels and space are subject to the right of secret communication protection. As a result, There is the “Communications Protection and Supervision Act” in our country. But the admissibility of evidence by illegal surveillance also appear many problem at the trial. in addition,the admissibility of illegal audio video recording evidence of private criminal behavior. These are the issues that we try to find the appropriate answer.
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Li, Chuan-Lung, and 李權龍. "Data Mining Application for Airport Illegal Immigration Analysis." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/ej3f8c.
Full textAbstract:
碩士國立交通大學
管理學院碩士在職專班資訊管理組
96
As the convenience of transportation improving, the distance between countries is getting shorter. The economic and cultural communications between countries are frequently occurred that causes a majority of legal or illegal immigrants. This phenomenon raises the public security concern. In the past, most of the stowaways have succeeded by ways of ships or land transportations. However, the latest way to stow away is to board an aircraft with counterfeit or forge travel documents. The new method not only can provide safe and rapid advantages but also increase the rate of success. Therefore, it leads to more and more people trafficking. Since the September 11, 2001 attacks, the security of international airport becomes the most important issues for each country. Thus, the research objective of this dissertation mainly focuses on investigating the issues of using counterfeit or forge travel documents to board an aircraft in order to stow away. In this research, literature survey is conducted to find the behaviors and methods of human trafficking. Moreover, this research employs OLAP and Data Mining to analyze the behaviors of illegal emigrants. This dissertation uses the illegal emigrants of the Taoyuan international airport (C.K.S. international airport) as the data set to conduct the analysis. The research first constructs the OLAP framework for illegal immigration analysis. Then, according to the immigration officers’ practical demands, this research uses data mining to find the appearance of Airport illegal immigrations and understand the trend. Finally, this research concludes by suggesting a number of key issues that need to be addressed in the clampdown of human trafficking.
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林晉豐. "A study of illegal pin-hole camera surveillance." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/7327ck.
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CHEN, YIAN, and 陳怡安. "Illegal Rent-seeking Investigation and Social Rent-seeking Waste." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/76650694611858593205.
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