Research On The Criminal Protection Of Market Credit

Orderly and sound development of market economy relies on a favorable environment of market credit. It is necessary and possible to protect market credit by criminal law. Increasingly losing credibility not only restricts the development of national market economy seriously, but also challenges our social morality critically. The thesis includes five parts and the prologue.In the prologue, the author illustrates several problems generally such as relation between losing credibility and market economy construction, moral and legal regulation of losing credibility, necessity and moderation on criminal protection of market credit, situation and significance about criminal protection of market credit in China and so on. By doing so, the author's aim is to discover the theoretical and practical value in protecting market credit from criminal aspect.Chapter I gives a general exploration of market credit. Market credit is unity of mental promise based on honesty and social evaluation on the ability of agreement practice (based on payment of agreement or treaty). Market credit includes personal credit and public credit in context of criminal protection. Market economy is credit economy because credit is premise and basis to operate market economy, it's also ensure to develop market economy orderly and soundly, a starter for micro-unit to engage in economic activities, and foundation to form and develop market economy core"financial activities", a pass for national enterprises to join the global economy after entering WTO. In China, current situation of market credit is serious. Searching for effective ways to protect the market credit in criminal aspect, it can escort market economy to develop soundly.Chapter II focuses on the essential formulation of criminal protection of market credit. The criminal protection of market credit is to protect market credit through criminal law. It is necessary to do so for the following reasons: firstly, losing credibility does great harm to society; secondly, limitation exists in civil code and administrative law when they regulate losing credibility, and natural qualities of criminal law can play an important role in protecting market credit as well; thirdly, it's an important part to build the punishment system for losing credibility; fourthly, it's a tendency for legislative development in many countries and districts in the world; last but not the least, it is bound to the demand of developing market economy and participating international economic competition. Protecting market credit through criminal law should embody moderation besides necessity because of unpretentious principle of criminal law, legislative tendency with light penalty and stressing practical effectiveness. The verge on protecting market credit through criminal law consists of qualitative verge and quantitative verge, which the former confines the boundary of criminal protection and the last confines the degree. Strengthening the study of criminal protection of market credit has important value that it not only enhances the study of our nation's criminal theory refering to criminal legislation and judicial practice, but also actuates market entities to build up awareness of keeping faith, accelerates economic development and social improvement. Chapter III summarizes crime of disrupting market credit. Crime by disrupting market credit is a crime which market entities deviate from the principle of credit deliberately in market economy activities, and the act which has serious social harm should be punished according to criminal law. Common object of the crime is market credit, as far as the direct object concerns, some only violate market credit, and some violate both market credit and other legal interests. Those behavior usussally is regarded as means instead of an exception, which violates market credit objectively. Entity must be market entities including natural person and unit, for seeking personal interests mostly on puepose. We can divide the crime into different kinds of crimes according to different standards. Crimes of disrupting the order of market economy, crimes of property violation, crimes of economy violation, crimes of business violation and crimes of disrupting market credit, which all take place in market economy environment and relate to economic interests or property, have some in common but still exists difference among them.Chapter IV makes a comparison of criminal legislation about crime by disrupting market credit between China and the rest of the world. The thesis carries out a roughly inspection of criminal legislation about crime by disrupting market credit among China, the main countries in the world and TaiWan, HongKong, MaCao regions firstly, then makes a comparison. In the crimes of disrupting personal credit, it's necessary to draw on criminal stipulation of Japan and TaiWan region to protect personal credit rights, to regulate the crime of disrupting common creditor's rights in penal code systematically and regulate the crime of insolvency in penal code roughly and separate criminal law systematically, to change crime of fraud into crime by deceiving which lives up to the demand of developing market economy, and to regulate not only common crime of breach of faith but also special crime of breach of faith in the penal code as good as the mass of countries and regions in the world. It would be best if we use central legislation type in the crimes of disrupting public credit. The behavior objects usually focus on monetary, securities, document and seal, weights and measures and so on. Counterfeiting, forging and using are principal behavior type of the crime. The aim of the crime is showed by many types which the main types are circulation and using. We should divide the crime into behavioural crime and resultant crime on the grounds of different circumstance. Liberty penalty and fine penalty are the main penalties which often be used to punish the crime of disrupting market credit, and qualification penalty such as depriving criminals of their rights for function or certain activity, etc. Our nation's criminal law has some weakness in the criminal legislation about the crime as follows: firstly, lacking the rights of personal credit protection, incomplete protection about creditor's rights, nonscientific legislation kind in crime of fraud and imperfect legislation on crime of breach of faith in criminal legislation of protecting personal credit; secondly, separated legislation type, inaccurate object of the crime and behavior, being not bulging the subjective goal, imperfect legislation on some accusations and so on in the area of criminal legislation of protecting public credit; thirdly, it is setting a high value on death penalty but neglecting necessary qualification penalty and nonscientific regulation of liberty penalty and fine penalty in the area of criminal liability.Chapter V is about legislative improvement of our nation's criminal protection of market credit. There are two guiding principles such as having our feet firmly planted in our own country while keeping the whole world in view and using macro-building with micro-reforming to perfect the criminal legislation of protecting market credit. Firstly, four parts are stressed in the legislative perfection of criminal protection of personal credit as follows: one is setting up crime of disrupting credit to strengthen the protection of rights of personal credit, two is proposing to add crime of disrupting common creditor's rights and fortify the protection of creditor's rights of insolvency, three is favoring changing crime of fraud into crime by deceiving and regulating special standard of forming crime on economic deceiving behavior without the aim of illegal possession, and four is adding common crime of breach of faith by having our feet firmly planted in our own country while keeping the whole world in view. Secondly, three parts are stressed in the legislative perfection of criminal protection of public credit, and one is using central legislation type to integrate the crimes of disrupting public credit, two is defining monetary, securities, document and seal rationally, and proposing to add weights and measures into the objects of behavior, three is perfecting several problems combining our nation's situation while using for reference of the rest world such as nonstandard system of chapter and section, simplification in locating objects, ambiguity of subjective goal, lacuna of special crimes in setting up, and so on. Lastly, we suggest death penalty which used in crimes of disrupting credit should be restricted even abolished, liberty penalty and fine penalty should be combined as main penalties to punish the crime, and qualification penalty out of deprival of political right such as depriving criminals of their rights for function or certain activity should be added too.