Business and the Risk of Crime in China


Book Description

The book analyses the results of a large scale victimisation survey that was conducted in 2005-06 with businesses in Hong Kong, Shanghai, Shenzhen and Xi’an. It also provides comprehensive background materials on crime and the criminal justice system in China. The survey, which measured common and non-conventional crime such as fraud, IP theft and corruption, is important because few crime victim surveys have been conducted with Chinese populations and it provides an understanding of some dimensions of crime in non-western societies. In addition, China is one of the fastest-growing economies in the world and it attracts a great amount of foreign investment; however, corruption and economic crimes are perceived by some investors as significant obstacles to good business practices. Key policy implications of the survey are discussed.




Business and the Risk of Crime in China


Book Description

This book analyses the results of a large scale victimisation survey, the United Nations International Crime against Business Survey (UNICBS), which was conducted by telephone in 2005-06 in Hong Kong, Shanghai, Shenzhen, and Xi'an (N=5,117). The survey measured common and non-conventional crime such as fraud, IP theft and corruption and followed a standardised format, making the results comparable with those from other parts of the world. The book also provides comprehensive background materials on crime and the criminal justice system in China. This study is important because few crime surveys have been conducted with Chinese populations and it provides an understanding of some dimensions of crime in non-western societies. In addition, China is one of the fastest-growing economies in the world and it attracts a great amount of foreign investment; however, corruption and economic crimes are increasingly perceived as significant obstacles to good business practices. The UNICBS revealed lower levels of common crime against business than in industrialised countries, both in Hong Kong and the mainland. Corruption was rare in Hong Kong, but more frequent in mainland China, where it was, however, much lower than in central-eastern Europe and South Africa. Some of the key policy implications as well as the methodological problems and analytical limitations of this survey are discussed.




Business and the Risk of Crime in China


Book Description

The results of a large victimisation survey conducted in 2006 of 5,117 businesses in Hong Kong, Shanghai, Shenzhen and Xi'an are reported. Over one-quarter (26.2 per cent) of businesses reported at least one incident of crime over the past year, but higher risks of commercial crimes (i.e., fraud, bribery, extortion and intellectual property offences) than common crime (i.e., robbery assault, and theft) were found. Across the cities, the rate of commercial crime (22.6 per cent) was 3.4 times that of common crime (6.7 per cent) and businesses in Shenzhen were at higher risk of commercial crime (27.9 per cent) than those in Xi'an (25.3 per cent) and Hong Kong and Shanghai (19.5 per cent). Just over 6 per cent of respondents mentioned incidents of bribery. Larger businesses were most at risk especially of fraud and differences between the cities were small. The survey shows that the level of crime reported by businesses located in China was lower than other emerging economies as well as Western and Eastern Europe. Explanations about the level of crime against business in China are discussed at the macro level using Durkheimian ideas about modernisation and crime and at the meso/micro levels by drawing from opportunity and routine activity theories.




Entering the Chinese Market


Book Description

Before entering the seemingly lucrative Chinese market, investors should be aware of the dark side of the current business environment. This work describes the Chinese business environment and its major players - the People's Liberation Army, and the "princelings", and the "guanxi" (connections).




Doing Business in China


Book Description

China has a long history of confounding multinational companies. Many firms' strategies for China have failed and companies have been forced to revise plans to take into account the idosyncrasies of the Chinese market. This book examines the strategies that have succeeded and those that have failed, with chapters on the political and economic context, how to assess the market and manage corporate expectations and structures, how to negotiate legal and tax issues, manufacturing and distribution, making acquisitions, dealing with corruption and financial crime, attracting and retaining talent, the importance of establishing and maintaining relationships (guanxi), corporate governance and social responsibility, and the China of the future. With many businesses experiencing sluggish growth or even decline in their traditional markets, China seems to offer the chance of heady growth. For those who get their approach right it does, but there are many obstacles to be negotiated on the road to success. This book explores the difficulties of doing business in China and how to take best advantage of the opportunities that exist to achieve the level of success that every business aims for in China but not that many achieve. "The opportunities for those doing business in or with China may be growing but so are the challenges. This highly readable book, with its dozens of anecdotes of success and failure in the China market, highlights the key issues facing investors and how to deal with them."—Tim Clissold, CEO, Peony Capital and author of Mr. China "Sensible, informed and up-to-date information and advice on operating in China comes along surprisingly rarely. This book is a welcome antidote to the extremes of bullish hype and bearish despair that is typical of commentators on this huge market."—Stephen Green, Head of Research Greater China, Standard Chartered




Financial Crime in China


Book Description

Given China's rapid development, many observers assert that world economic growth and key economic indicators are now depending on the country alone, including the prospects of the dollar, the Euro, oil prices, industrial commodities, global equity markets and bond prices. On the other hand, China faces a number of major social and economic challenges which could undermine future growth, such as prevalent corruption, financial crime, and the relative lack of the rule of law. Financial Crime in China builds upon original research into the topic and offers a never-before-seen look at the systemic spread of state-controlled corruption in the form of bank fraud, securities fraud, insider trading, and Ponzi schemes. Cheng presents an authentic picture of financial crime in China by identifying the latest manifestations, analyzing empirical data and case studies, and drawing conclusions about the origin, characteristics, dynamics, and developmental features of financial criminality in the context of political economy.




The Making of Chinese Criminal Law


Book Description

By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.




Financial Market Crime in China: A Legal & Economic Analysis


Book Description

This book analyzes the behavioral essence and regulatory doctrine of the financial market crime in China, focusing on the substantial criminal law interpretation and functional efficiency evaluation of the criminal behavior. It also crosses the boundary of market and regulation, finance and law, securities law (including futures and derivatives market law) and criminal law, deconstructs the behavioral mechanism of financial market crime and reasonable route to regulate them through legal and institutional intervene, understands the whole financial market operation and regulatory responsive mechanics in China, and explores the rational boundary of institutional arrangement to efficiently promote capital market functions.







Corporate Crime in China


Book Description

Corporate crime in China has garnered worldwide attention and in the recent years we have witnessed positive legislative and administrative efforts by the Chinese government to prevent corporate misconducts. This book first defines the meaning of corporate crime in China and answers the basic questions of what corporate crime is through real life cases. Then, it introduces the history of corporate crime and reviews academic studies through these key questions. The book also discusses the scope of corporate crime, the basis of corporate criminal liability, the criminal liability of State organizations, the corporate compliance programs and corporate criminal liability and the procedural issues. The book also provides suggestions from a comparative perspective by referring to the latest global developments on corporate crime. In the concluding chapter, the book discusses the goals of corporate crime prevention policy and comes up with feasible reform proposals with a brief summary on the existing problems of the current policies through a macro perspective. There is no existing book that deals with the legislation and criminal justice practices of corporate crime in China and this book will help to shed insight into the subject.