پژوهشنامه حقوق اسلامی (Jan 2020)
The Concept and Position of Economic Regulation with Emphasis on Accountability for Exchange crimes
Abstract
Response to stock exchange crimes is a function of the relationship betweenthe government and the economy; In this regard, with a view to changing thetheory of government intervention in the economy from welfare state toregulator governments and the difference between the level and the mode ofgovernment intervention in the economy, two models can be explained; Themodel of traditional response and repression is with the full intervention ofthe government. This model is criticized because it does not work in light ofthe complex stock market crimes, sovereignty intervention and criminaljustice practice and not only is it not beneficial to apply this tool with thetools and guarantees of criminal enforcement, it also damages the economyof the community and closes parts of it.Also, in the traditional criminal justice model, the response is limited tospecific penalties due to the complexity of the crimes and the violations ofthe stock exchange, it will not result in compensation for the losses of thestock exchange victims, who are generally investors and shareholders. Thesecond model is the economic adjustment model that maintains the basis ofthe response to maintaining the economic order;Along with monitoring and controlling crimers in order to recover andrepair the damages inflicted on the body of the economy of the community,it knows and has a greater role to play in preventing losses and losses ofstock exchange crimes; Along with monitoring and controlling offenders inorder to recover and repair the damages inflicted on the body of the economyof the community, it knows and has a greater role to play in preventinglosses and losses of stock exchange offenses; It follows from the descriptiveanalyticalapproach that the entry of criminal rights in response to stock andsecurities crimes as a regulatory mechanism should be used as the last stepand the last resort. In this article, by understanding the principles governingthe economic regulatory system and its tools, we will evaluate traditionalcriminal justice methods and economic regulatory to responding to stockexchange crimes.
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