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Study On Unit Economic Crimes

Posted on:2005-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q ZhangFull Text:PDF
GTID:2156360122999130Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Both deep realistic foundation and urgent need in theory have made no accident an investigation into unit economic crimes.The realistic foundation lies in two respects: First, in the economic crime, unit is rather special as the subject of it. As everyone knows, the unit-especially the legal person ~ have far gone beyond natural person in the breadth and depth of participating in the market. Compared with the crimes made by any natural person, unit economic crimes will bring more destructions and more harms to the economic foundation-economic order of social development; Second is the awkward circumstances in practicing laws of unit economic crimes. Though Chapter Three of Criminal Law has made many stipulations regarding unit economic crimes, the number of such cases investigated is still very low in the judicial practice. On the one hand, economic crimes, especially unit economic crimes, are becoming more and more rampant; On the other hand, it's still very weak to combat the crimes. So questions have been raised about the regulations regarding unit economic crimes in Criminal Law. All of this is traceable to the imperfect regulations made in Criminal Law concerning unit crimes, including unit economic crimes. The incompleteness of theory in unit economic crimes is a major reason of imperfect regulations in unit economic crimes.The urgency in theory also lies in two aspects: First, although the 30th clause of general rule of criminal law has made stipulations regarding unit crimes and the 31st clause made regulations about how to punish unit crimes, they are rather stiff in nature and don't have much value in practice, thus causing the divorce of unit crime theory from judicial practice, which is neither helpful for the judicial practice, nor beneficial to theoretical development; Second, with unit economic crimes falling within both the category of unit crimes and economic crimes, it not only has something in common with unit crimes and economic crimes, but also has its own characteristics at the same time. With the improvement made in unit economic crime research, we are sure to perfect our research in unit crimes and economic crimes.In order to understand unit economic crimes properly, on the basis of summarizing the currently available theory in unit economic crimes, I have addressed in details the subject, behaviors, range and penalty of unit economic crimes, according to the characteristics of unit economic crimes, in an attempt to promote the improvement of economic regulations and further a sound market order hi our country.
Keywords/Search Tags:Unit economic crimes, Subject qualification, Acts and behaviors The range of existence, Penalty sanctions
PDF Full Text Request
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