The Place of the Financial-banking Legislation in the Legal System of Taiwan

The Place of the Financial-banking Legislation in the Legal System of Taiwan

本文目的為臺灣的金融和銀行部門對於相關經濟法律規制的特殊性法律制度調查之研究。強調現代臺灣、中國古代的傳統法律、偉大孔子的道德教育、羅馬──日爾曼大陸的法學系統特徵；也強調臺灣金融和銀行業法律的發展、法律的制定，例如：銀行法，中央銀行法，票據法……等其他法律，其在臺灣的制度適用。特別是洗錢防制在金融和銀行領域的立法監管，臺灣的司法機關致力於打擊相關金融犯罪。總的來說，法律制度在臺灣發展得相當充分，其立法和執法經驗將是俄羅斯國內法學和漢學發展非常有用的借鑑。

This article is dedicated to investigation of the legal system of the Republic of China in Taiwan, peculiarities of the legal regulation of the financial and banking sector in economy. It emphasizes characteristic features of the law of modern Taiwan, the traditional law of ancient China, the moral teaching of the great Confucius, Roman-Germanic (continental) legal tradition. The focus is on the development of legislation in the financial and banking sector, the presence in the legal system of the Republic of China – the main acts of law-making, regulating this sphere: The Banking Law, the Law on the Central Bank, the Law of the Bills of Exchange, and others. The special place in the legislative regulation of financial and banking sector belongs to the Law on Prevention of Money Laundering, which is actively used by Taiwanese law enforcement agencies fighting against the legalization of proceeds from crime. So, the former President of Taiwan –Chen Shui-bian and his wife recently have been sentenced to various terms of imprisonment. In general, the legislation is sufficiently developed in Taiwan, and its law-making and law-enforcement experience would be very useful for the domestic legal science and Sinology in general.