A study of the relationship between executive legal background, financial fraud and corporate finance constraints
Palavras-chave:
Legal context, Financial fraud, Corporate finance, Internal governanceResumo
In recent years, with the increasing complexity of corporate governance structure, the importance of executives' legal background on corporate decision-making and compliance has gradually come to the fore. By combing domestic and international studies, we analyze how executives' legal background affects financial fraud and financing constraints by influencing the internal governance structure and decision-making mechanism of enterprises under the current rule of law environment in China. Executives with legal background can better identify and prevent financial fraud risks by virtue of their familiarity with laws and regulations and their awareness of risk prevention and control, so as to safeguard the financial integrity and market reputation of enterprises. At the same time, executives with legal background can reduce the information asymmetry between enterprises and external investors by improving the internal corporate governance mechanism and optimizing the information disclosure system, thus alleviating the financing constraints of enterprises. This paper provides theoretical basis and practical reference for improving corporate governance and optimizing enterprise financing environment, and also provides useful reference for the improvement of relevant laws and regulations and the formulation of regulatory policies.
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Referências
China Securities Regulatory Commission. (2023). Guidance on Strengthening the Compliance Responsibilities of Senior Management in Listed Companies (No. 32 [2023] of CSRC Corporate Governance Department). Article 5
China Securities Regulatory Commission. (2022). Measures for the Administration of Information Disclosure by Listed Companies (Revised Edition). Article 21
China Securities Regulatory Commission. (2024, February 28). Notification on preliminary investigation results of serious suspected illegal acts by Dongfang Group Co., Ltd. Retrieved March 1,2024, from http://www.csrc.gov.cn/csrc/c101981/c7165526/content.htm
China Securities Regulatory Commission. (2021). Guidelines on Strengthening the Construction of Internal Control Systems for Listed Companies (No. 35 [2021] of CSRC Corporate Governance Department). Section III, Article 8
China Securities Regulatory Commission. (2022). Annual report on the supervision of information disclosure by listed companies . Beijing: CSRC.
Caixin Global . (2024, January 12). SOE-led investments delay biotech firm’s funding over relocation dispute Retrieved from https://www.caixinglobal.com/2024-01-12/state-firm-investment-delay-biotech-relocation-dispute-101756789.html
Dal Magro, C. B., & Klann, R. C. (2021). Political and financial background in board interlocking and earnings management in Brazil. RAUSP Management Journal, 56(4), 444–464. https://doi.org/10.1108/rausp-10-2020-0245
Dai, Y., Tong, X., & Jia, X. (2024). Executives' Legal Expertise and Corporate Innovation. Corporate Governance: An International Review, 32(6), 954–983. https://doi.org/10.1111/corg.12578
Files, R., & Liu, M. (2022). Unraveling financial fraud: the role of the board of directors and external advisors in conducting independent internal investigations. Contemporary Accounting Research, 39(3), 1905–1948. https://doi.org/10.1111/1911-3846.12784
Liang, Y., & Zhang, S. (2025). Legal background of corporate management and corporate audit quality. Finance Research Letters, 73, 106664. https://doi.org/10.1016/j.frl.2024.106664
Liu, Y., Zhang, H., & Zhang, F. (2023). CEO's poverty imprints and corporate financial fraud: Evidence from China. Pacific-Basin Finance Journal, 81, 102128. https://doi.org/10.1016/j.pacfin.2023.102128
Meng, X., Chen, L., & Gou, D. (2023). The impact of corporate environmental disclosure quality on financing constraints: the moderating role of internal control. Environmental Science and Pollution Research, 30(12), 33455–33474. https://doi.org/10.1007/s11356-022-24510-7
National Development and Reform Commission (NDRC) & China Securities Regulatory Commission (CSRC). (2020). Joint Memorandum on Implementing Joint Punishment for Seriously Dishonest Entities in the Field of Capital Markets . NDRC Finance [2020] No. 547. Article 10
Pham, M. H., Merkoulova, Y., & Veld, C. (2023). Credit risk assessment and executives’ legal expertise. Review of Accounting Studies, 28(4), 2361–2400. https://doi.org/10.1007/s11142-022-09699-9
Velte, P. (2023). The link between corporate governance and corporate financial misconduct. A review of archival studies and implications for future research. Management Review Quarterly, 73(1), 353–411. https://doi.org/10.1007/s11301-021-00244-7
Wang, L., Li, H., & Mu, Y. (2022). Study of CEO narcissism and corporate R&D investment. Frontiers in Psychology, 13, 888618. https://doi.org/10.3389/fpsyg.2022.888618
Wang, S., Liang, X., Huang, J., & Cao, P. (2025). Do academic executives influence corporate ESG performance? Evidence from China. Corporate Social Responsibility and Environmental Management, 32(1), 788–805. https://doi.org/10.1002/csr.2919
Wu, F., Cao, J., & Zhang, X. (2023). Do non-executive employees matter in curbing corporate financial fraud?. Journal of Business Research, 163, 113922. https://doi.org/10.1016/j.jbusres.2023.113922
Zhang, B., Zhao, Y., Yang, M., & Liu, T. (2025). Economic policy uncertainty and litigation risk: Evidence from China. Pacific-Basin Finance Journal, 92, 102773. https://doi.org/10.1016/j.pacfin.2025.102773
Zhang, J., Li, Y., Xu, H., & Ding, Y. (2023). Can ESG ratings mitigate managerial myopia? Evidence from Chinese listed companies. International Review of Financial Analysis, 90, 102878. https://doi.org/10.1016/j.irfa.2023.102878
Zhang, L. (2024). Executive Financial Background, Financing Constraints, and Corporate Financialization. Academic Journal of Business & Management, 6(5), 288–294. https://doi.org/10.25236/ajbm.2024.060539
Zhou, J., Ong, T. S., Mastellone, L., & Di Vaio, A. (2023). The effect of disciplinary inspection commission participation on the financing constraints of Chinese state-owned enterprises: A circular economy perspective. Production & Manufacturing Research, 11(1), 2214811. https://doi.org/10.1080/21693277.2023.2214811
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