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An Empirical Study on the Modeling Analysis of Financial Institutions' Tortious Conduct from the Perspective of Legal Dogmatics
- 1 East China University of Political Science and law, Shanghai, 200042, China
- 2 East China University of Political Science and law, Shanghai, 200042, China
* Author to whom correspondence should be addressed.
Abstract
The application of criminal law methods to model and regulate relevant behaviors in civil cases has been one of the hot topics in the research of criminal law scholars in China in recent years. However, due to the solidification of research models and the limited theoretical breakthroughs, current scholars still study the characteristics of financial crimes based on the temporal and spatial characteristics of crimes in criminology, while ignoring the common sense that law constrains behavior. Based on this, this paper proposes an abstract model named the Morohusi – C. Y. HU Model, and takes the recent illegal real estate securitization case of “Shenfangli” as an example to identify and evaluate the suspected financial criminal behavior of the “Shenfangli” platform. Through detailed analysis, the financial behavior analysis module in the model concludes that its capital flow has a bottom-up “pyramid-shaped” characteristic, and calculates its profit amount in detail; while the financial behavior evaluation module in the model suggests possible convictions, namely, the combined punishment of the crimes of illegally absorbing public deposits and organizing and leading pyramid selling activities. Therefore, criminal law modeling research based on behavior analysis has certain universality, and can establish different specific application models according to specific cases.
Keywords
financial institutions’ tortious conduct, behavior analysis model, real estate securitization, fund-raising fraud, illegal business activities
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Cite this article
Fang,Y.;Zhu,J. (2025). An Empirical Study on the Modeling Analysis of Financial Institutions' Tortious Conduct from the Perspective of Legal Dogmatics. Journal of Applied Economics and Policy Studies,17,1-10.
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Journal：Journal of Applied Economics and Policy Studies
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