Legal Regulation Of Economic Cirme

For the study of economic crime, there are two major theoretical approaches.Oneis based on common law as the representative of criminological research into the way;the other is a civil law as represented by research into the way of criminal law.Thispaper introduces two theories in a simple research into the way of context, byreviewing the concept of economic crime, the emergence and development of theetymological history of the concept and analysis of economic crime is different fromother related concepts and linkages. On this basis, to research methods of criminal law,criminal law system were discussed in the economic crimes and regulatory principlesof objective and subjective standards, legal liability system, economic crime andeconomic crime prevention measures. Hereby are as follows:The first chapter focuses on the: History of the concept of economic crime andAnalysis. Include the following: economic theory the concept of crime into the path ofthe two studies, the concept of economic crime, the history, the concept of economiccrime in China's development, economic crime and economic crime concepts in thebasic characteristics. For the theoretical study of the phenomenon of crime, there aretwo theoretical approaches. One is the theory of criminal law into the road, the otheris the theory of criminology into the road. Comprehensive summary of worldwide andregional economic crime research methods for the point of view, the definition ofeconomic crime, scholars have mainly used the research methods of criminology andcriminal research methods analyze instructions. American jurist, Professor Sutherland,first proposed "white-collar crime," the name, creating a level in the criminologyresearch on economic crime precedent.British scholar Michael Clarke in his study ofeconomic crime book <Business Crime> a book on Anglo-American countries,economic crime conducted in-depth study. Economic crime, it will do a limited fieldof crime, economic crimes that have occurred in the economic field, this tradition of economic crime and property crime, a distinction between punishment. AnotherCanadian scholar, scholars of economic crime in Sweden conducted a fruitfultheoretical explanation. Scholars of these countries, the main method is to takecriminology theories to explain and limit the phenomenon of economic crime andconcepts. Take research into the way the criminal law, civil law countries, mainlyacademics.German scientist Professor Lindeman Criminal Law Criminal Law of theresearch methods used in 1932 suggested that economic crime is a violation of thelegal interest over personal legal interests. German criminal law scholars to researchmethods, especially on the legal interest as a benchmark to define the economictheory of crime into the mainstream world. This approach to other civil law countrieshad a tremendous impact. Another famous contemporary French criminal law experts,according to Mireille Delmas-Marty meters from the economic point of view ofcriminal law, economic crimes do a unique interpretation. He explained the standardof legal interests of economic crime and economic crime, the main criteria on thebasis of a combination of economic criminal law, the definition of the concept ofeconomic crime was further developed. In addition, Japanese scholars, South Korea,Taiwan, China scholars and scholars of criminal law is also based on the researchmethods of economic crime to do a different discussion and interpretation. Throughthe concept of national economic crimes comprehensive historical study, we foundthat economic crime is accompanied by the development of commodity economy, theemergence of an economic anomie. Pre-capitalist era, there is the modern context ofthe so-called economic crimes.By examining the founding of our country since thepromulgation of a series of legal norms and judicial practice, we found that economiccrime as a legal phenomenon in China is accompanied by reform and opening up theprocess of establishment of market economy, and gradually become a cause forconcern and attention unique legal phenomenon or a phenomenon of crime. For theconcept of economic crime, more influential definitions include: the economic fieldthat the economic laws and regulations that behavior, said the main economic activityand subjective purpose of that profit. Some scholars in the size of the concept of extension as a benchmark to define economic crime. By analyzing the above theory,we find the concept of economic crime in itself to make a one-time or define theconcept of finality, it is impossible also not desirable. Therefore, to avoid adopting adefinition of this method in the analysis of the concept of economic crime and othersimilar concepts (such as corruption and bribery of crime and the environment ofcrime) on the basis of the similarities and differences, that the phenomenon ofeconomic crime in China at this stage possess a family characteristics, so as theanalysis point, the problem of economic crime related to further theoretical research.Chapter 2 of: criminal law system of standards and principles of economic crime.Include the following issues: criminal law system of objective criteria of economiccrime, economic crime, criminal law system of subjective criteria, system of criminallaw the basic principles of economic crimes. Criminal law system of objective criteriaof economic crime: economic crime, because of its national (social) market economyas a whole order of damage, thus requiring criminal law system. Economic crime as acrime occurred within the economic field, the object of their country against the(social) under the overall interests of the country (society) the overall economic order.National (social) reason why the particular economic system of criminal lawviolations, because the conduct was enough to undermine the state (social) level ofeconomic order. Criminal law system of economic crime, the subjective criteria: theperpetrator's mental attitude is anti-social criminal law system based on economiccrimes, economic crimes were hostile, contempt for the rules of the market. Criminallaw as a means of social control, because of its ultimate nature, and consequently theuse of criminal law should be consistent with the principle of necessity. Nationalcriminal law should minimize the use of the scope, as much as possible to reduce thecriminal legislation, criminal law system of economic behavior should be consistentwith the principle of necessity, must be those "worthy" behavior of the system ofcriminal law, criminal law system should be included only areas. Criminal law systemis the principle of economic life, the need to protect freedom and a necessaryrequirement to achieve efficiency. Criminal law system of market economy should be based on the mechanism of market economy and the role of mechanisms to controlthe breadth and depth of its involvement, the evidence of moderation into theirlegitimacy. Theory of civil society requires criminal law system need to follow theprinciple of economic life. State and civil society as reflected in this category ofanalysis and theoretical analysis of the meaning lies in the value of its national andsocial development by examining the historical context and reality, which abstractfrom individual rights and state power, the private sector and public areas, specialinterests and the overall interests of the individual value and the overall value of theseinteractive concepts. To these concepts as analytical tools, critical phenomena ofsocial proof. Emphasis on the binary separation of state and society is stressed thatdue to limited state intervention is rational, the state should respect the autonomy ofthe social context, social self can not be self-sufficient in the case, state power wasinvolved. Thus, in terms of economic crime, its control, shall comply with theprinciple of necessity this requirement. Criminal law system of economic life, theprinciple of necessity have the following specific requirements: first, the conduct cannot be obtained through the market mechanism "self-healing"; Second, the act can notaccept the norms of civil law and effective regulation; third, the act can not accept theadministrative law specification of effective regulation.Chapterâ…¢consists mainly of: the legal liability system of economiccrime.Include the following: economic crime new obligations on the liability theory,and the legal liability system, economic crime, including economic crime, criminal,civil and administrative responsibilities.Liability is a legal operation of the protectionmechanism.Bureau of Economic perpetrator to legal liability, which is to protect theeffective implementation of criminal law, criminal law to achieve the default valueand protect the normal order of the socialist market economy, a necessary requirement.In the "new obligations on the theory" framework, I think, the understanding of thelegal liability should focus on the following points: First, a liability to the existence oflegal obligations or contractual obligations of the premise; second, a liability mustcaused by the offense; third, with a liability reflecting the state mandatory factors; fourth, liability of the final implementation of specific actions to the top. Furtherclassification of the liability, criminal liability is the so-called: the crime (violation ofprimary legal obligations) caused by the secondary color has a special mandatorylegal obligation. The so-called civil liability means: the absence of civil entities toperform or not properly fulfill its primary obligation (legal obligation or contractualobligation) arising from secondary legal obligations, and enforcement by the state tofulfill its legal obligations. The so-called administrative responsibility means: theadministrative body or administrative counterpart of the primary as breach of statutoryobligations (the obligation on administrative law) and should bear the secondary withmandatory legal obligation. The economic crimes may incur multiple liability.Economic crime, criminal responsibility is defined by the economic crime (violationof primary legal obligations) caused by the color of the secondary special mandatorylegal obligation. Civil liability for economic crime, economic crime is a crimebecause of their economy, not to perform or not properly fulfill its primary obligation(legal obligation or contractual obligation) arising from the secondary legalobligations, and by the state to force its legal obligations. Administrativeresponsibility for economic crimes, is the administrative counterpart (the perpetratorof economic crime) because of its economic crime in violation of the primary legalobligation (the obligation on administrative law) and should bear the secondary withmandatory legal obligation. Economic crimes criminal behavior can only be based oneconomic crime, which produces a necessity; economic crime with economic crime,criminal responsibility to the constituent elements as necessary; economic crime,criminal responsibility functional priority; economic crime, criminal liability is themost severe ; economic crime, in principle, there can be no exemption of criminalresponsibility of; economic crimes include criminal responsibility for a large numberof units in the main body. Implementation of economic crime, criminal responsibilityare: property, criminal, criminal status, liberty, life sentence. In the new obligations onthe theoretical framework for analysis of civil liability for economic crimes, I thinkthe economy should be a civil crime: economic crime as a specific violation of the civil obligations (statutory obligations or contractual obligation), while theperpetrators of economic crime (the subject of civil obligation) and does not performor properly perform its criminal behavior and the resulting "secondary legalobligations" and by the state to force it to comply with the "secondary legalobligations." At this time, people assumed economic crimes civil liability. And theso-called principle of attribution, one of the "fault liability", "no-fault liability", "fairand responsible", "the principle of attribution" and "the principle of attribution," but infact the subject of civil judgments related to a breach of civil obligations ( "primarylegal obligations"), and thus a "secondary legal obligations," the standard. Civilliability for economic crimes "fault liability" as the only criterion. Civil liability of theimplementation of economic crime, including: cessation of the infringement,restitution, return of property, payment of liquidated damages, damages, eliminate,and restore the reputation of an apology.Chapterâ…£focuses on the: economic crime prevention measures. Include thefollowing issues: the basic concept of economic crime prevention, strengtheneconomic and moral (ethical), and strengthening the market economy, rule of law. Forthe prevention of economic crimes, should be on the whole, to mobilize all possiblepositive factors and social forces, to maximize control and eliminating the factors ofeconomic crime was committed, to stop and reduce the number of economic crimesoccur, reduce the occurrence of economic crime frequency. Lead to economic factorsgenerated by crime, both economic factors, political factors, cultural factors, socialfactors and other macro factors, including the micro sense of their own naturaltendency Exalted and social attributes. Therefore, the induced economic causes ofcrime is a comprehensive scope, and thus, for the prevention of economic crime willrequire a variety of social control means with each other. "The law alone is notenough", meaning we have to be extended for the prevention of economic crimeissues, "The law, prison law is still not enough on their own, self-sufficiency." Weshould clear the basic concept of economic crime prevention, to establish reasonableprevention targets, rational treatment of the criminal law functions.Should be a cautious attitude towards crime, especially economic crime, get rid of the superstitionof the Criminal Code, the correct understanding of the negative effects of criminal lawto overcome the economic crimes in the area of heavy tendencies, which for theeffective prevention of economic crime is extremely necessary. Promote human rightsin the contemporary context, attention as a "class" there is a whole person's basicrights, to improve the situation of those with poor living conditions, social norms andany of any of the legal department should be considered, so the market economyshould be the existence of moral dimension. The role of ethics in this way, on the onehand by the performance of the role of the inner world of people, so that the immoralbehavior of the heart to resist, so that such acts on the heart "should not, want not", sodo not do such immoral; on the other, through the formation of a consensus within thesocial body of business ethics, so immoral external economic agents to bear the moralpressure of society and moral condemnation, the public should be for unethicalbehavior and the behavior of the economy themselves moral criticism. On specificmeasures, should strengthen economic and moral (ethical) of the building, bringingthe market economy and moral (ethical) function. Market, economic and moral(ethical) has improved the efficiency of the market economy functions. Effective inthe prevention of economic crime issues, we not only need to play a market economy,moral (ethical) for the guiding role of market players, and the need to play a marketeconomy, moral (ethical) for the administrative body of the guide. For the marketeconomy and moral (ethical) to build, we must be based on the country's economicsystem and for the country's economic problems. Economic and moral (ethical) andthe political and moral (ethical) exist between cross and transition, not more than keptcompletely separate. In a market economy and moral (ethical) systems of the building,and should include the part of the political and moral (ethical), and by establishing amarket economy, moral (ethical) to adapt to political and moral (ethical) system,together play a role in regulation of economic crime. Further, we should alsostrengthen the market economy, rule of law, properly handle the administrativeprocessing tendencies of economic crime, economic crime, clear criminal and administrative responsibility for the relationship between the two can not be anyconfusion. Rule of law is a dynamic collaborative process, different types of divisionof power should be reasonable and timely start. Liability principle of independence,limiting absorption principle, the principle is applicable to pursue additional criminaland administrative responsibility for economic crimes should follow the basicprinciples.