Using conspiracy and complicity for criminalising cyberfraud in China

Cybercrime consists of criminal acts that are committed online through the use of electronic communications information systems. This chapter argues that conspiracy and complicity can help to link up various criminals who work together to bring about such frauds, but also point out that when there is no concert or culpable assistance, and encouragement the law of conspiracy and complicity do not provide a solution. It tries to compare Chinese law with the common law to see what legal doctrines might be developed in China to better combat phishing and cyberfraud. Since Chinese scholars have a tradition of drawing on Japanese jurisprudence, the chapter draws some comparisons with that jurisdiction when such comparisons are helpful. A general inchoate offence of fraud would help the law avoid some of the proof issues that might arise under the current law in China and allow the criminal law to apply to cybercrime at an earlier point in time.