| 英文摘要 |
The Judicial Examination was in the reforming process in the past few years, the Examination Yuan announced a latest proposal for the reform. In the new proposal, the judicial examination shall be separated into two qualifications: one for general law students, and another for those who already admitted to bar and practicing for certain years. The later one will have to take three examinations, the civil laws, the criminal laws, and the public laws. As a business scholar, this reforming plan makes me disappointed. Thus, the author would like to use a newly rendered criminal case the TISC (Taiwan International Securities Co.) Structured Bonds case, the Appeal Court of Taiwan No. 38 of 99(2010), which relating to corporate law, financial law and supervision, accounting etc. And the author found that the judges of the Appeal Court misunderstood the very basic principal of corporate law and the judgment was thus should not be sustained. And this judgment proves that the business law is a necessarily examination subjection for judicial examination in each qualification. |
