Research On Intervention Degree Of Criminal Sanctions About Illegal Economic Acts

The degree of intervention about criminal sanctions used on illegal economicacts should be controlled properly. It not only should not be too wide, but also shouldnot be too deep. That is a consensus has been formed in the academic circle. But howto set up the degree of intervention and what is the standard of intervention? Whereare the limits between illegal economic acts and economic crimes? Economic law andcriminal law didn’t provide an actionable standard on which have reference value ontheory for legislation and judicial operational. By studying, We should put forwardsome principles that we must be followed when setting the degree of criminalsanctions intervene illegal economic acts. It requires us to make specific settingsprogram, combine with the inner structure and operation mechanism of economic lawand criminal law, putting the vague theory of “appropriate” to implement thelegislation and judicial practice.The key feature of illegal economic acts is it different from other illegal acts.Illegal economic acts are the specification acts which violat economic law. Illegaleconomic behavior is an economic behavior which violates economic law. There havea progressive relationship of longitudinal Law means civil sanctions, administrativesanctions and criminal sanctions for violations of civil. Generally, some illegaleconomic acts which civil sanctions and administrative sanctions can not controlcould belong to the field of criminal sanctions. Illegal economic behaviors in thelegislation of criminal sanctions mainly reflected the economic criminal law. Criminalsanctions used on illegal economic acts have both profound legal theoretical basis andpractical lively. There have a large number of economic criminal sanctions onlegislation and judicial practice in American, Germany, Italy, Russia, Japan, Taiwanand other countries and regions.Criminal violations used on illegal economic acts should adhere to three basicprinciples: the principle of optimal allocation of resources, community-basedprinciples and Modesty principle. Optimal allocation of resources is a public interest,which requires criminal sanctions to maximize efficiency, and therefore the principleof optimal allocation of resources is a violation of criminal sanctions involved ineconomic value targets and basic principles. The social standard principle of criminalsanctions used on illegal economic acts is not only reflected in the legislation, but also should be reflected in the judicial process, specifically the cautious punishment,fine punishment priority and strictly limited or even the abolition of the death penalty.The restraining criminal sanctions used on illegal economic acts are requirementswith the minimum expenditure, with even less punishment, while the other alternativepenalty measures effective prevention and control of crime.In order to make criminal sanctions used on illegal economic acts give full playto maintain optimal deterrence, protection of criminal justice and promote the marketgrowth, criminal sanctions intervene to illegal economic acts should be set up in thebreadth and depth of intervention. Follow the two boundary principles, one is thebreadth of the boundary. Breadth boundary setting requirements of criminal sanctionsused on illegal economic behavior is a kind of economic behavior which is worth topunish with criminal sanctions, which violation of the interest of law and havesubjective illegal factor. Criminal sanctions used on illegal economic acts after withthe above premise, must also meet the standards of criminal sanctions: on the valuestandard, the illegal economic acts as the general market subject cannot tolerate; onthe form standard, criminal sanctions used on the illegal economic acts shall complywith the principle of reasonableness. The other is the depth of the boundary. It namelythe criminal sanctions as a last resort to get involved in illegal economic acts, mustensure that the depth of the intervention is moderate, and that the depth of theintervention boundary and the purpose of intervention should be proportion, the depthof the intervention setting performance in three aspects which are life penalty,freedom penalty and property penalty. Optimum freedom penalty depends on fouraspects: the expected illegal income of economic violator, may cause expect damageof illegal economic behaviors, the probability of fighting illegal economic acts bycriminal sanctions and the timeliness of fighting illegal economic acts by criminalsanctions. Based on the example of monopoly, it give evidence of setting concreteoperation on the optimum freedom penalty. Freedom penalty and property penaltyhave their pros and cons, in order to compensate for their defects, the best way iscombining the implementation freedom penalty and property penalty.There still has gap between reality state and ideal state on using criminalsanction to fight illegal economic acts in China. We should reflect on the interventionwhen we fight the illegal economic acts by criminal sanction, then we shouldobservation the imperfection about economic criminal sanction system of legislation,law enforcement and judicial deficiencies. By using the method of empirical analysisand social survey investigation, put forward the existing problems and how to choose the path to solve those problems on the intervention of criminal sanctions aboutillegal economic acts.