Michelle Miao

Michelle Miao is an Assistant Professor of Law, the Chinese University of Hong Kong (CUHK) and the Deputy Director of Centre of Rights and Justice in CUHK Law. She teaches in the areas of criminal law and Chinese legal system. Among her research interests are the intersections between the domains of criminology, human rights, socio-legal studies and international law. She conducted research in the capacity of New York University’s Global Fellow and University of Oxford’s Howard League Fellowship. She was also the awardee of British Academy’s prestigious Postdoc Research Fellowship.

Designation: The Chinese University of Hong Kong
Institution: The Chinese University of Hong Kong
Paper: Criminal law as a regulatory tool: the governance of the platform economy in China
Abstract: "China’s digital platforms have become the engine of economic development and technological innovation in recent years, among which are China's P2P platforms. After a short-lived boom, the systematic meltdown of P2P platforms has made to newspaper headlines in China and overseas. Yet, to date, there has been a dearth of research, empirical or theoretical, on the state’s responses to digitalized fund-raising via P2P platforms in China. This proposed research fills this gap by focusing on a specific issue concerning state intervention in the P2P market: the role of criminal law as a regulatory tool. The main contributions of the project are threefold. First, the proposed pioneering empirical research will present first-hand data and provide a comprehensive overview of the criminalisation of China’s P2P platforms. Second, the research will explore the interface between and the boundary of non-criminal regulation and criminalisation in the governance of P2P platforms. Finally, it develops theoretical perceptions concerning a critical question: whether criminal law is an instrument employed by the state to manage regulatory deficiency and control financial (and indirectly, political) risk."