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唯变是存,以变定向:商业犯罪13%增幅背后的三大发展趋势丨律新调研
Sou Hu Cai Jing·2025-07-11 11:30

Core Insights - The article discusses the evolving landscape of commercial crime in China, highlighting a paradox where overall criminal cases are declining, yet crimes related to the business sector are on the rise, particularly in the context of new economic forms and digitalization [2][3]. Group 1: Diversification of Commercial Crime - Commercial crime is becoming more diverse, reflecting the complexities of modern economic activities, with trends including dynamic evolution of fraud, intertwining of criminal and civil responsibilities, and cross-border criminal activities [2][3]. - Traditional corporate fraud is evolving from financial data manipulation to more complex methods, such as procurement manipulation and the use of related companies for price manipulation [3][5]. - Intellectual property crimes have surged, with over 31,000 cases prosecuted in the past five years, marking increases of 41.4% in cases and 66.1% in individuals involved [3]. Group 2: Intersection of Criminal and Civil Law - The complexity of commercial crime is increasing, with criminal acts often overlapping with civil liabilities, leading to a more intricate legal landscape [6][7]. - Examples include cases where actions trigger both criminal fraud charges and civil restitution obligations, complicating legal proceedings [6]. - The blurring lines between criminal and civil law necessitate a deeper understanding of emerging business models to effectively navigate legal challenges [7]. Group 3: Technological Advancement in Criminal Methods - The rise of blockchain technology and generative AI is reshaping the methods of commercial crime, making them more sophisticated and harder to detect [10][11]. - Financial crimes related to blockchain have increased, with 25,000 prosecutions for financial fraud and over 3,000 for money laundering linked to virtual currencies in 2024 [11]. - AI technologies are being exploited for various criminal activities, including telecom fraud and online violence, with a notable 53.9% increase in telecom fraud cases in 2024 [13][14]. Group 4: Grouping of Criminal Actors - The organization of commercial crime is shifting from individual acts to more structured group operations, including internal collusion and external partnerships [16][18]. - New criminal models have emerged, such as "professional bankrupts" who exploit legal loopholes to evade debts, indicating a systemic challenge in combating commercial crime [17][18]. - The complexity of these organized crimes necessitates enhanced risk management strategies within companies to address potential collusion among various stakeholders [18].