The Research On Legislative Integration Of Legal Liability Of Economic Crimes And Offenses

Economic Crimes and Economic Criminal Law are the areas on which our academic field always keep focusing. With the development of society and economy, the offenses and crimes become impossible to be eliminated. Besides the research on specific crimes, the legislative mode of economic crimes have attracted the increasing number of scholars to pay attention and make the investigation. Essentially, the legislative mode of economic crimes is used to explore how to build or arrange law liability system of economic crimes and offenses. Among many options provided by scholars, the mode of penal code means we establish the description of the crime and the punishment only in penal code instead of in other laws and regulations. The mode of separate criminal law means the legislative branch will establish the specific separate criminal law for the specific crime according to the reality. The mode of accessory criminal law means we establish the description of the crime and the punishment in other laws and regulations. The mode of specific code means the legislative branch establish one penal code of economic crimes for the crime existing in the economic area. The mode of the amendment to crimes means the legislative branch will utilize the amendment to crime to increase, delete and modify the description of the crime and the punishment of economic crime. As the basic and macroscopic topic, the legislative mode of economic crimes will not affect economic crimes and offenses directly, however, it will affect the legislative format, the judicial practice and the theoretical research indirectly and deeply. The dissertation claims that legislative integration of legal liability of economic crimes and offenses is the trend for regulating the economic crime in the future after summarizing the nature and characteristics of economic crimes, seeking the theoretical basis of the mode of economic crimes, investigating the mode of economic crimes in ancient China, comparing the mode of economic crimes between China and foreign countries and reflecting the code of economic crimes in current China, which is owning the important legislative value, judicial value, theoretical value, education value and cultural value. The dissertation is divided into six chapters with 150 thousand words.The first chapter is “advancing and designing of Legislative Integration of Legal liability of Economic Crimes and offenses”. The first section establishes the definition of economic crimes by analyzing different norms of economic crimes. The section also establishes the scope of economic crimes and summarize five characteristics of economic crimes which are second illegality, relatively complex, sensitive change, epochal character and the highly controversial. The second section establishes the definition and scope of legal liability and discuss the necessity, importance and feasibility of establishing the system of legal liability. The third section tell us that Legislative Integration of Legal liability of Economic Crimes and offenses mean the description of the crime and the punishment of typical administrative offenses shall be regulated by other laws and regulations of economic area, if possible, to make Legislative Integration of Legal liability of Economic Crimes and offenses come true, leaving the natural crime or administrative offenses not typical in the penal code.The second chapter is “theoretical guidance of legislative mode of economic crimes.” The first section distinguishes the natural crimes and administrative offenses by historical research on them, affirms the evolution of the theory of the natural crimes and administrative offenses from criminology to criminal law, “ought to be” legislation to the practical judiciary and national crimes to sovereign crimes. The second section reviews the formation of the criminal offence and police offence, the replacement between police crimes and administrative offenses. With the progress of the era and development of academic, administrative offenses and administrative criminal law become the important research area. Administrative offenses own the attributes of criminal illegality and administrative illegality while the administrative criminal law owns the attributes of criminal illegality and administrative illegality. The third section demonstrates the difference between statutory offenses and administrative offenses and establishes the theory of natural crimes and administrative offenses and divides the penal code into two categories, which proves the rationality of removing the administrative offenses from the penal code.The third chapter is “historical investigation of the legislative mode of economic crime”. The first section describes the thoughts of the economic system in ancient China by analyzing the “The Salt and Iron Meeting”. The agricultural production and natural resource area, the handicraft industry administration area and the market administration may constitute the profile of the economic crimes legal system. The currency system, monopolizing system and taxes and service system may show the characteristics of the economic legal system in ancient China. The second section summarizes the rule of the economic legislation in ancient China and refutes the traditional judge of “combination of all laws, combination of criminal law and civil law.” The legislative mode is subject to the economic basis, and vice versa. The third section alleges the mode of legislative Integration of economic crimes and offenses is inheriting from the legislation mode of economic crime, reflecting for the doctrine of severe punishment in law tradition, transcending legislative mode in history and the modern transformation of ceremony and law in ancient China.The fourth chapter is “the comparison between China and foreign countries on the legislative mode of economic crimes”. The first section classifies the economic crimes by the standard of the relationship between human and nature, human and object, human and human, which selects the environmental crime, intellectual property crime and financial crime among Britain and America and summarizes the legislative mode of economic crime in common law system. The second section selects the environmental crime,intellectual property crime and financial crime among Germany and Japan and summarizes the legislative mode of economic crimes in civil law system. The third section selects the environmental crime,intellectual property crime and financial crime among China and analyzes legislative mode of economic crimes, which also compares the difference in different legislative mode.The fifth chapter is “the problem and reflection of the legislative mode of economic crimes in China”. The first section describes the legislative mode of the economic crime before the penal code(1997 version), the modification of penal code(1997 version), the frequent change after penal code(1997 version). We have experienced the multi-level legislative mode of economic crimes which is consisted of accessory criminal law, separate criminal law and penal code, the legislative mode of economic crime which is mainly consisted by penal code and the frequent change after penal code(1997 version). It has shown that current legislative mode can not adapt to the reality. The second section reflects the problems of current legislative mode which can not adapt to the development of reality, has led to the frequent change of penal code and imbalance between different criminal law and regulations. The third section summarizes different legislative mode in the world and China, lists the various options provided by scholars and estimates the advantage and disadvantage of those options.The sixth chapter is “the meaning and trend of legislative integration of legal liability of economic crimes and offenses”. The first section summarizes the legislation integration of legal liability of economic crime is the breakthrough of criminal legislative mode. It is the creation of criminal legislative mode, the reference of the legislative mode of economic crimes in ancient China, the abstraction of legislative experience and reference of the legislative mode in foreign countries and also the adjustment of current China. The second section designs the basic mode of legislative integration of legal liability of economic crimes and offenses by legislation title, legislation body, legislation content, legislation procedure and legislation skill. The third section proclaims the legislative integration of legal liability of economic crimes and offenses is beneficial for balancing the stability and adjustment during legislation, enhancing the definiteness and application in the judiciary, establishing the localization and creation in theory, increasing the convenience and comprehensiveness in legal education and rereading the rationality and prejudice on traditional culture.