3 April 2016
China recently is in the financial reform period, and there is much economic crime and fraud rampant.
Previously, such economic crimes were executed as illegal fundraising frauds, which some later thought were inhumane and needed integration with the West. So economic criminals are not sentenced to death.
Of course, this is justified, because the definition of economic crime is relatively vague. It is difficult to strictly distinguish the difference between investment failure and pure fraud. The recent death penalty for several economic crimes is more controversial.
Normally, if the money was raised to the actual investment behaviour, it is investment failure, and if with no investment behaviour, it is purely a fraud.
Of course, there are some loopholes, such as a small part of the money is invested in some unreliable projects, but a lot of money is transferred. It is difficult to define by using whether there is an investment.
Fraudulent acts can be criminalised in two ways.
1. The authenticity of investment behaviour. It requires professional professionals to evaluate the truth of the investment and whether the investment was worth so much money at the time, or a false project to concoct various pretexts and transfer assets. If the vast majority of money was used to invest in physical projects, the criminal can be considered to be investment failure, and avoid death.
If the investment project doesn’t exist at all or it is assessed as a purely bogus investment project by industry insiders to transfer a lot of property, it can be characterised as malicious fraud and the criminal can be executed.
If the criminal invests in fake projects or projects without worth at all, in order to defraud money, we should sentence by standards for the consequences of it.
If the victim, because of a large amount of money loss, with mental breakdown, commits suicide by jumping, poisoning, hanging, drowning, or other, the mastermind is the murderer in the crime, and should be executed.
If the victim is emotionally stable, no one has committed suicide, the criminal can avoid death.
On the one hand, the punishment conviction is based on subjective investment behaviour. On the other hand, sentencing is based on the consequences, which is more appropriate.
On the one hand, we should protect the legitimate investment behaviour; on the other hand, we should punish the acts of malicious fraud.
You can’t let the bad guys go by in order to protect the good guys.
You can’t hurt a good man in order to fight bad people.
Business is complicated and I see a lot of that.
There are many bosses who work hard every day but fail to invest. They are heroes, and they should be protected.
There are a lot of people who are pure swindlers, have no bottom line, and have no humanity. This kind of person should be executed.
The two types of people are almost identical in appearance, and it is hard to distinguish them from outsiders.
But if we condemn at will, it will cause injustice. And we will destroy the economic development of the society and become the accomplices of demons.
We can collect money to invest, but we should explain the use of the money and it can be confirmed. If it is not clear, it will be a fraud and the criminal can be executed.