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Article
Publication date: 19 February 2024

Jingkun Liu

This paper aims to elucidate the responsiveness of China’s judicial system in addressing the challenges of identifying online illegal fund-raising crimes that have emerged in…

Abstract

Purpose

This paper aims to elucidate the responsiveness of China’s judicial system in addressing the challenges of identifying online illegal fund-raising crimes that have emerged in recent years. This study systematically evaluates the efficacy and potential pitfalls of legal guidelines contained in judicial interpretations, such as holistic determination, sampling verification and presumption of the nature of funds. In addition, the research endeavors to propose pertinent recommendations for refining the existing judicial rules.

Design/methodology/approach

This research mainly uses a doctrinal methodology, focusing on the principal judicial interpretations formulated by the Supreme People’s Court and other central judicial entities in China. The scope encompasses the realm of online illegal fund-raising crimes as well as other cybercrimes. The analytical framework involves a comprehensive examination of these authoritative judicial documents, coupled with a theoretical and critical analysis of relevant academic materials.

Findings

This research underscores that while judicial interpretations serve as an effective legal strategy to confront the challenges posed by online illegal fund-raising crimes, their implementation introduces a nuanced landscape. These legal guidelines, often emanating from diverse judicial departments and tackling specific issues, carry the inherent risk of giving rise to new complexities and fostering inconsistency. Judicial authorities shall exercise prudence in both the formulation and application of these guidelines, ensuring their harmonization with existing legal norms and fundamental legal principles.

Originality/value

This research constitutes a critical and comprehensive examination of judicial interpretations in China pertaining to online illegal fund-raising crimes. It offers valuable insights into the country’s judicial interpretation system and its legal responses to financial crimes. The paper serves as a valuable resource for academics, law enforcement professionals, policymakers, legislators and researchers.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Book part
Publication date: 20 November 2023

Gina-Cristina Dimian, Mirela-Ionela Aceleanu and Ioana-Manuela Mindrican

The recent period, also called the “era of algorithms”, has brought remarkable transformations both in personal life and in the way of doing business. Developing and implementing…

Abstract

The recent period, also called the “era of algorithms”, has brought remarkable transformations both in personal life and in the way of doing business. Developing and implementing digital technologies depend on the availability of human capital, a resource that is increasingly difficult to find. Countries are in competition for this resource, and attracting talent has become a goal often difficult to achieve. In this context, the current chapter seeks to evaluate human capital contribution to the digital competitiveness of the EU countries and to describe the moderating role of digitization in the development of human capital through migration management. Investigating the digital competitiveness of the EU countries, we demonstrated that the most important driver of the major differences between these countries is human capital. In this context, migration becomes both an opportunity and a threat, and its digital management is of tremendous importance.

Details

Digitalization, Sustainable Development, and Industry 5.0
Type: Book
ISBN: 978-1-83753-191-2

Keywords

Article
Publication date: 22 November 2023

Christian Friedrich and Reiner Quick

Whistleblowers are individuals who detect and report misconduct in an organization. They help to mitigate organizational misbehavior and resulting damages effectively and…

Abstract

Purpose

Whistleblowers are individuals who detect and report misconduct in an organization. They help to mitigate organizational misbehavior and resulting damages effectively and relatively quickly. Whistleblower protection has not been systematically required in the European Union (EU), leaving many large organizations unregulated. This study aims to get in-depth insights into how unregulated organizations design, handle and view whistleblowing with the advent of a novel EU Whistleblowing Directive.

Design/methodology/approach

The authors conducted 17 semistructured interviews with a diverse group of organizations headquartered in Germany and inductively analyzed them following Grounded Theory. Linking the Grounded Theory to the legal endogeneity model, they developed seven perspectives that help to explain how organizations view whistleblowing.

Findings

In trying to make sense of the role of whistleblowing in the organization’s governance, organizations and their managers assume different perspectives. These perspectives guide their approach to whistleblower protection in the context of evolving regulation with little regulatory guidance. Perspectives vary in the degree of supporting whistleblowing regulation, from viewing whistleblowing as a natural, everyday governance tool to denying it and fearing denunciation. Most organizations exhibit several perspectives.

Originality/value

Little is known about day-to-day whistleblowing practices from the perspective of organizations. The authors fill this research gap by providing initial evidence on how organizations approach whistleblowing and the EU Whistleblowing Directive. Identifying organizations’ perspectives may help us understand how ineffective or noncompliant whistleblowing systems emerge and how organizations can improve.

Details

Journal of Accounting & Organizational Change, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1832-5912

Keywords

Article
Publication date: 24 October 2023

Doron Goldbarsht

The rise of cryptocurrencies and other digital assets has triggered concerns about regulation and security. Governments and regulatory bodies are challenged to create frameworks…

Abstract

Purpose

The rise of cryptocurrencies and other digital assets has triggered concerns about regulation and security. Governments and regulatory bodies are challenged to create frameworks that protect consumers, combat money laundering and address risks linked to digital assets. Conventional approaches to confiscation and anti-money laundering are deemed insufficient in this evolving landscape. The absence of a central authority and the use of encryption hinder the identification of asset owners and the tracking of illicit activities. Moreover, the international and cross-border nature of digital assets complicates matters, demanding global coordination. The purpose of this study is to highlight that the effective combat of money laundering, legislative action, innovative investigative techniques and public–private partnerships are crucial.

Design/methodology/approach

The focal point of this paper is Australia’s approach to law enforcement in the realm of digital assets. It underscores the pivotal role of robust confiscation mechanisms in disrupting criminal networks operating through digital means. The paper firmly asserts that staying ahead of the curve and maintaining an agile stance is paramount. Criminals are quick to embrace emerging technologies, necessitating proactive measures from policymakers and law enforcement agencies.

Findings

It is argued that an agile and comprehensive approach is vital in countering money laundering, as criminals adapt to new technologies. Policymakers and law enforcement agencies must remain proactively ahead of these developments to efficiently identify, trace and seize digital assets involved in illicit activities, thereby safeguarding the integrity of the global financial system.

Originality/value

This paper provides a distinctive perspective by examining Australia’s legal anti-money laundering and counterterrorism financing framework, along with its law enforcement strategies within the realm of the digital asset landscape. While there is a plethora of literature on both asset confiscation and digital assets, there is a noticeable absence of exploration into their interplay, especially within the Australian context.

Details

Journal of Money Laundering Control, vol. 27 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Open Access
Article
Publication date: 3 July 2023

Howard Chitimira

It is important to note that insider trading is currently outlawed under the Securities Act 17 of 2004 (Chapter 24: 25) as amended (Securities Act) in Zimbabwe. This Act…

Abstract

Purpose

It is important to note that insider trading is currently outlawed under the Securities Act 17 of 2004 (Chapter 24: 25) as amended (Securities Act) in Zimbabwe. This Act enumerates some practices that may give rise to insider trading liability in the Zimbabwean financial markets. Nonetheless, numerous challenges, such as the lack of adequate financial resources, the lack of sufficient persons with the relevant skills and expertise on the part of the enforcement authorities, lack of political will, inadequacy of insider trading provisions, poor cooperation and collaboration between the relevant authorities and the ongoing coronavirus (Covid-19) pandemic have negatively impeded the effective regulation and combating of insider trading in Zimbabwe. To this end, the author explores the stated challenges and recommend measures that could be used by regulatory bodies and other relevant enforcement authorities to enhance the regulation and combating of insider trading in the Zimbabwean financial markets. This study aims to enhance the detection and combating of insider trading in Zimbabwe.

Design/methodology/approach

A qualitative research methodology is used through the analysis of relevant legislation and case law.

Findings

It is hoped that the findings and recommendations made in this study will be considered by the Zimbabwean policymakers.

Research limitations/implications

The study does not use empirical research methodology.

Practical implications

The findings and recommendations made in this study could enhance the combating of insider trading activities in Zimbabwe.

Social implications

The study seeks to curb insider trading in the Zimbabwean financial markets and financial institutions in the wake of the covid-19 pandemic-related regulatory and enforcement challenges.

Originality/value

The study provides original research on the regulation and combating of insider trading activities in Zimbabwe.

Details

Journal of Financial Crime, vol. 30 no. 6
Type: Research Article
ISSN: 1359-0790

Keywords

Book part
Publication date: 31 October 2023

Daniel B. Klein

In Theory of Moral Sentiments, Adam Smith reasons about how a change in one thing, A, is attended by a change in another thing, B. In expounding on such bivariate relationships…

Abstract

In Theory of Moral Sentiments, Adam Smith reasons about how a change in one thing, A, is attended by a change in another thing, B. In expounding on such bivariate relationships, Smith sometimes seems to go out of his way to posit a state of the world in which the relationship would break down. That feature suggests an irony about knowing how a change in B attends a change in A. We might think we understand the bivariate relationship, but it holds only for certain states of the world. The relationship is circumstanced. The more one studies the Moral Sentiments, the more one realizes that circumstantiality suffuses its teachings. My discussion arrives at a place of doubt about the most important bivariate relationship – that between approval from our conscience and doing good. Smith seems to suggest, particularly at the end of his life, that a person can best know the relationship between his conscience’s approval and his doing good under circumstances of his having frank and open friendships. The implication for politics is that we want that kind of government that best conduces to frank and open friendships.

Details

Research in the History of Economic Thought and Methodology: Including a Symposium on Religion, the Scottish Enlightenment, and the Rise of Liberalism
Type: Book
ISBN: 978-1-83549-517-9

Keywords

Book part
Publication date: 8 December 2023

Sue Kyung Kim

A narrative inquiry was conducted to explore the complexities of learning English and Korean as subject matter in cross-cultural contexts in contributing to teacher identity, with…

Abstract

A narrative inquiry was conducted to explore the complexities of learning English and Korean as subject matter in cross-cultural contexts in contributing to teacher identity, with possible tensions of identity teachers experience as ethnic Koreans teaching at an international school in Korea that promotes non-Korean, international education in English as a “language of inclusion” and instruction. With expansions of international schools in South Korea, also growing are numbers of Korean teachers teaching at such schools as returnees, individuals with cross-cultural experience. Stories of one Korean language and literature teacher with international schooling experience were examined.

While identifying the practical benefits of acquiring English, she expresses her concern for the presumed loss of Korean as a product of the prioritized use of English on campus. Equally recognized are the diverse opportunities not commonly available at Korean public schools that the participant upholds from her own experience. She acknowledged that her opportunities for the development of English language skills to a high level of proficiency through international education is not commonly accessible to all students in the Korean public school system. She also considered possible impacts associated with prioritizing the use of English over Korean in her international education experience, including their influence on: her sense of identity as a teacher and as Korean; her cultural knowledge as Korean; and her teacher knowledge as she supports her students' learning of English as subject matter in ways that might, in turn, also impact their sense of identity as Korean.

Details

Smudging Composition Lines of Identity and Teacher Knowledge
Type: Book
ISBN: 978-1-83753-742-6

Keywords

Book part
Publication date: 12 December 2023

Bill Hedrick

This chapter explores the concept of allyship in social justice struggles. It provides a road map for self-reflection as well as acquisition of skills necessary for effective…

Abstract

This chapter explores the concept of allyship in social justice struggles. It provides a road map for self-reflection as well as acquisition of skills necessary for effective allyship. It describes appropriate roles for allies in dismantling systems and structures that protect the privilege of the majority in various contexts – privilege often unseen, unacknowledged and/or actively denied. This chapter will examine unique roles of allies in exposing, challenging, and dismantling privilege and white supremacy. Concrete examples of benefits that have accrued to white Americans through privilege – both conscious and unconscious, are assessed. The reader will be encouraged to explore personal areas of privilege and marginalization and acknowledge multidimensional identities (race, ethnicity, gender, class, ability, etc.) of individuals and unique lived experiences. Those seeking authentic positions of allyship are challenged to root out embedded privilege/white supremacy through direct action.

Details

Contextualizing Critical Race Theory on Inclusive Education From a Scholar-Practitioner Perspective
Type: Book
ISBN: 978-1-80455-530-9

Keywords

Book part
Publication date: 12 December 2023

Conroy Reynolds

In this chapter, the author critically examines the deeply entrenched practices and theories within counselor education, revealing their roots in historically dominant…

Abstract

In this chapter, the author critically examines the deeply entrenched practices and theories within counselor education, revealing their roots in historically dominant, Eurocentric, and often racially oppressive assumptions. This study brings to light the pervasive impact of these traditional approaches, illuminating their role in perpetuating racial oppression and disparities in mental health care. The author presents a compelling argument for adopting Critical Race Theory (CRT) as an effective pedagogical and clinical practice framework in the counseling profession, a step toward its much-needed liberation. CRT's tenets are examined as a robust alternative, promoting socially just outcomes in counseling and psychotherapy. The article highlights CRT's capacity to address the well-established relationship between racism, white supremacy, and minority mental health. It proposes a groundbreaking model for praxis, predicated on CRT, which holds potential not only to challenge and disrupt oppressive structures but also to pave the way for the liberation of both the oppressed and the oppressor. This seminal work prompts a re-envisioning of counselor education, asserting a call for a transformative shift toward a liberation-based, social justice pedagogy.

Details

Contextualizing Critical Race Theory on Inclusive Education From a Scholar-Practitioner Perspective
Type: Book
ISBN: 978-1-80455-530-9

Keywords

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