Mou, Yu (2024) 'Baffled Labelling: Making Sense of the Intertwined Relationship between Fundraising Fraud and Illegally Taking in Deposits from the General Public in Chinese Criminal Law.' Asian Journal of Law and Society, 11 (2). pp. 178-194.
|
Text
- Accepted Version
Available under License Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 (CC BY-NC-ND 4.0). Download (456kB) | Preview |
Abstract
Fundraising fraud is one of the most serious and complicated financial crimes in China. It has an intertwined relationship with a regulatory offence, known as illegally taking in deposits from the general public (ITIDFGP). In judicial practice, ITIDFGP works as the downgraded form of fundraising fraud. This article explores why fundraising fraud is identified as financial fraud whereas ITIDFGP is a regulatory offence. The paper discerns the essence of fraud in Chinese criminal law and critically examines the concept of “intention to possess illegally.” It argues that ITIDFGP should be classified as a form of fraud de jure, although, in reality, there are policy considerations behind its categorization as a regulatory offence. The paper also suggests that the role played by the socio-economic policy in Chinese criminal-law legislation should be fully acknowledged.
| Item Type: | Journal Article |
|---|---|
| SOAS Departments & Centres: | Departments and Subunits > School of Law |
| ISSN: | 20529015 |
| Copyright Statement: | © The Author(s), 2024. Published by Cambridge University Press on behalf of Asian Journal of Law and Society This is the version of the article accepted for publication in Asian Journal of Law and Society, published by Cambridge University Press. Re-use is subject to the publisher’s terms and conditions. It is deposited under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way. |
| DOI (Digital Object Identifier): | https://doi.org/10.1017/als.2024.13 |
| Date Deposited: | 02 Jun 2024 12:32 |
| URI: | https://eprints.soas.ac.uk/id/eprint/41965 |
Altmetric Data
Statistics
Accesses by country - last 12 months | Accesses by referrer - last 12 months |
Repository staff only
 |
Edit Item |