On The Legal Liability Of Economic Crime

The liability of economic crime is one of the most effective measures in combating and punishing the economic crime. The diversity of the legal liability of economic crime causes the complexity and difficulty in the process of legislation and administration of justice. So it is necessary and of up-most importance to deepen the research of the subject, to harmonize the legal relation between different the legal liabilities of economic crime, to perfective the legal liability system of economic crime, to play the combating and punishing function of the legal liability of economic crime against the crime. The dissertation makes the research on this subject.The dissertation is divided into seven parts. The first chapter makes definition of the legal liability of economic crime. The legal liability of economic crime is a theoretical subject with large range and rich content. It is necessary to define the legal liability of economic crime so that the research can be made in right direction, following just main clue, within proper range and avoid unnecessary divergence. Based on the analysis about the different definitions on the legal liability of economic crime and their flaw, the dissertation defines the economic crime as: the economic crime takes place in the economic range, the conductor, who is greedy, commits the crime which severely destroys the economic order of market, infringes legal interest of other citizens and should be liable for his or her conduction. The definition made above discloses that economic crime is not only liable for penal responsibility; it is also liable for other legal responsibility. This conclusion surmounts the shortcoming of the research made before, which overlooks the other legal liability of the economic crime, while focuses too much on the penal liability of it. Putting forward the standard and foundation of the range of the economic crime, the dissertation sets the range of the economic. Simultaneously, after studying the different viewpoint of the concept of the legal liability, the dissertation holds that the legal liability is the negative legal consequence caused by violation of obligation or invasion of right by the conductor, who should bear the responsibility, and should be confirmed and summed by the state agency to present the condemnation and negation of the state. Based on this, the dissertation defines the legal liability as: legal liability of economic crime is the general designation of different form of legal liability caused by the economic crime; it includes criminal liability, administrative liability and civil liability with other type of legal liability excluded. The dissertation also analyses the character of the legal liability of economic crime and the significance of defining the concept. Chapter two studies the legitimacy of the liability of economic crime. By the study of the legitimacy of the liability of economic, the basis and theoretical support can be provided to the establishment, accusation and assumption of the legal liability of economic crime; the precondition and foundation can also be provided to the study of the legal liability of economic crime and to the formation and perfection of its theoretical system. The dissertation introduces the main theories on the liability of economic crime conducted by western scholars, and points out their inspiration and shortcoming. The thorough research of the foundation theory of Marxism jurisprudential on the legitimacy of the liability of economic crime provides strong theoretical support to the liability of economic crime. Making a complete study on the legitimacy of multi-evaluation on the liability of economic crime in different respects, the dissertation holds that the multi-evaluation on the liability of economic crime is the result of different evaluation made by different legal branches, which has sufficient legitimacy and foundation. After the comparison among the multi-evaluation on the liability of economic crime, the principle of"no one should be punished twice for the same crime", the principle of"no one should be twice punished for the same cause"and the principle of"one case cannot be treated again by the court", the dissertation concludes that the multi-evaluation on the liability of economic crime does not violate against these principles, which justifies the legitimacy of multi-evaluation on the liability of economic crime in the other respect. The dissertation also explains the value legitimacy and function legitimacy of the liability of economic crime, and draws the conclusion that the legal liability of economic crime has the value of justice, ordinance, interest and efficiency, and has the function of punishment, enforcement, compensation and precaution. Chapter three focuses on the criminal liability of economic crime. As the inevitable legal result of the action of economic crime, the criminal liability of economic crime is the main type of the legal liability of economic crime and takes the leading position in the legal liability system of economic crime. Meanwhile, the penal liability is the most serious punishment and is of the strongest severance, and no one can be free of the penal liability. Based on the analysis of the concept and character of the legal liability of economic crime, the dissertation compares the difference among the penal liability in traditional criminal law, administrative liability in administration law and civil liability in civil law. Based on the foundation of the requisites to constitute the economic crime and its close relationship with other penal liability, the dissertation studies the appointment of legal liability of economic crime, and draws the conclusion that the requisites to constitute the economic crime are the ground to the ways to bear the criminal liability of economic crime. This conclusion solves the problem of the foundation of accusation of economic crime by the state, which is the core of the study of the economic crime. As the special position of the unit economic crime in the system of economic crime and the theoretical divergence of view of it, the dissertation holds that the unit economic crime is a fusion of unit crime and economic crime. The unit economic crime is, under the legislation of criminal law, the punishable action, which severely destroys the market ordinance and constitutes unit crime, conducted by the unit to achieve illegal economic interest. Based on the analysis above, the dissertation summarizes the constitutive elements and their character. Taking the close connection between penalty and the penal liability of economic crime as a beginning point, the dissertation analyses the ways to bear the criminal liability of economic crime. The dissertation holds that to achieve the goal of combating and punishing the economic crime, the ways to bear the criminal liability of economic crime should not only be adapted to the character of the economic crime, but also be reasonable in the sequence, so that a harmonious and scientific penalty system of economic crime can be set up. All these to be achieved need further study and argument on criminal theory, need more effective attempt and more effort in the legislation and administration of justice of the punishment and precaution of economic crime. Chapter four studies the administrative liability of economic crime. The formation of the administrative liability of economic crime is of derivation and fortuity. Accordingly, the dissertation summarizes the character of the administration liability of economic crime, divides the administration liability of economic crime into different types, analyses the significance and system of the principle of appointment of the administration liability of economic crime. The dissertation holds that the principle of appointment of the administration liability of economic crime differs from the regular principle of appointment of administration liability; the system of principle of appointment of administration liability of economic crime is composed of fault liability principle, fault-understood principle and crime liability principle. The administration liability can be divided into different types; the different administration liability of economic crime needs different constitutive element. Meanwhile, different types of administration liability of economic crime, with their character of the way to bear the administration liability, have different ways to bear the administration liability, which depends. Chapter five studies the civil liability of economic crime. The dissertation makes a research on the civil liability of economic crime in the respects of its character and classification. The dissertation holds that the civil liability can be divided into different types according to different standard, while the civil liability of economic crime primarily is tort. After studying the principle of appointment of liability, the dissertation concludes that as the only principle of appointment of liability, the fault liability principle has its unique character. As the precondition of civil liability of economic crime is the commitment of crime, so the civil liability of economic crime excludes the principle of liability without fault and the equitable liability principle. And different civil liability of economic crime needs different constitutive element. To fix the ways to bear the civil liability of economic crime, the ways to bear the civil liability regulated by the civil law and commercial law should be considered. At the same time, the character of the economic crime, the goal of the civil liability and the character of the violated civil right or commercial right should be considered, as the result of this, some of the traditional ways to bear the civil liability should be applied while some should not. The civil liability of economic crime values the compensation and redress to the victim; so its position and function in the system of legal liability of economic crime should be reinforced. Through the discussion in the chapter four and chapter five, not only the specialty and independence of administration and civil liability of economic crime are analyzed, but also the importance and efficiency of administration and civil liability in punishing and combating against the economic crime are emphasized. Chapter six studies the coincidental liability of economic crime. The action of economic crime should be evaluated by criminal law as well as administration law, economic law, civil law and commercial law. When different legal branches or different legislation evaluate the economic crime, the coincidental legal liability of economic crime can be produced. Concretely, the coincidental legal liability of economic crime is the system that one economic crime action, which possesses two or even more constitute element to legal liability, the conductor should be liable for different legal liability. It works to solve the problem of the external application between different legal liability, in another word, it works to solve the problem of the relationship between different legal liability and if the different legal liability can be applied simultaneously. In accordance with this, the dissertation studies the conditions and different circumstances of the coincidental legal liability. The dissertation holds that as the different legal liability has independence both substantively and procedurally, so under the precondition of protecting the independency of the penal, civil and administration legal liability, in solving the problem of the coincidental legal liability, different regulation and procedure should be applied and the relationship between different legal liabilities should be handled. Chapter seven studies the perfection and systematization of the liability of economic crime. According to the defection of relative legislation regulating the liability of economic crime, the dissertation provides several pieces of specific advice on the perfection of the system of liability of economic crime with demonstration and explanation. Furthermore, the dissertation holds that either making perfection of the relative regulation about the legal liability of economic crime or relaying only on the single form of legal liability is not enough in punishing and combating the economic crime effectively. In accordance with the character of the economic crime, different legal liability should be applied and the relationship between them should be considered. The united and complete system of legal liability to punishing and combating the economic crime should be built up so as to achieve the systematization of the legal liability of economic crime. So the dissertation studies the basic principle should be applied and puts forward specific measures should be taken in achieving the systematization of the liability of economic crime.