Research On The Victim In Economic Crime

The research on the victim of economic crime,mainly involving the analyzing of the victim existence status in the economic crime,the effect on the result of the crime and the criminal responsibility of the offender.Throughout the world for the definition of economic crimes,there is a big difference between both theory and judicial practice.Combining with the practical situation of China's legislative and judicial,economic crimes in China should be identified as crime in Criminal law Chapter 3 "crime against socialist market economic order".The discussion on the victim of the economic crime is also in this chapter.The traditional theory views that regulations on economic crime is to protect the socialist market economic order for the characteristics of super-personal interests,the victim individual does not produce actual effect in the process of economic crimes,therefore there is no need to pay attention to the specific victim.By comparing super-personal legal interests and personal legal interests as well as inspect the function of the ensured human rights of the criminal law,super-personal legal interests will be able to revert to the violation of the personal legal interests,and the victim who owns the legal interest will do obvious effect during the process of crime.Just for the difference of law protect purposes,the protection status of the victim in different articles are variant,thus the effect of victim is different on the identification of the crime.The status of victim in the criminal law field is hard on the whole,victims are always be neglected.With the rise of the victim rights movement in recent years,the importance of the victim is found gradually,and now there is a thorough research in criminology and procedural law.But in the field of criminal law,the mainstream research method is on criminal act and perpetrator,the role of the victim has been excluded outside the system of crime constitution.The first one who put the victim factors into the system of crime constitution and gonging on a comprehensive research is the victim doctrine theory in Germany.The theory research the interactive relation on the normative aspect of criminal law instead of fact level of crime,which is from the point of the possibility and the need of victim's protection.And the theory is primary checked in fraud,which is famous for interaction.Now this theory has been recognized in Germany criminal theory circle and acted as the restrictive principle of crime constitution as well as one of the definition of criminal illegal factors.Besides,there is of great importance guiding to the research in our country.The victim's fault and the victim's commitment are the two main theories when analysis the effect of the victim in economic crime,which are both based on the criminal interactivity.By analyzing the meaning of the victim's fault in-criminal law,the condition of the victim's fault and fault types through the victim's fault theory,choosing victim's behavior effectively which can be evaluated in constitution of crime and using the victim elements in the criminal law dogmatics,a mature theory in the field of criminology.Eventually the victim's fault will provide a reasonable basis on the incidence of crime and victim's share of criminal responsibility.The victim's commitment is based on full respect for individual autonomy.Although the theory is discussed under the circumstance of the victim as completely holder of interests,but there exists important research value in the super-personal legal interests of economic crime.To identify the victim and analysis the victim's effect,the legal interests in economic crime should be typed firstly.From the purpose of the criminal law,the current economic crimes mainly include crimes of infringing personal legal interest which is given priority to protection,protecting human social order mainly and at the same time may infringe legal interests,and the crime of infringement of pure economic order.In the first type,mainly including crimes of manufacturing or selling fake and inferior commodities,intellectual property crime and crime of forced trading.Victim's commitment can prevent these crimes.For it is invalid when the commitment refer to life and health,when a customer buy false goods intention,he just agreed to take a risk of damaging the property interests and does not include health and safety.In crime of protecting human social order mainly and at the same time may infringe legal interests,mainly including crimes of disrupting the order of administration of company,crimes of undermining the order of financial management,crime of financial fraud and crime of disturbing market order.Victims make different contribution in different types of crimes.In the crime of financial fraud(including destroy financial management order crime and fraud),interactive relationship between the victim and the offender as well as the victim's fault are both obvious.The victims effect may prevent crime and share criminal responsibility.When it comes to crimes only violate economic order,mainly including the crimes of smuggling and harm tax revenue collection crime,although there is no individual victim in these crimes,however,the legislation should limit crime circle in order intervene the citizen's freedom and human rights.Theoretical analysis lay a solid foundation for the legislation as well as the judicial practice.Comparing the regulation of victim's fault and victim's commitment between criminal law in our country and in foreign countries,there are a lot of imperfect stipulation in the current criminal legislation and judicature in our country.This is also directly led to the different standards of judicial adjudication and eventually may reduce judicial credibility and violate the human rights.Therefore,much more clear and detail regulations on victim's fault and victim's commitment are need in the criminal law and judicial practice,in order to make the victim factors fully functional.