The Modest Proposal For The Economic Penal Law

We can find that the modest proposal for criminal law is the unite of pragmatism and humanitarianism , as exploring the history of the modest proposal the penal law. The writer try to study this theory deeper from the aspect of value of the criminal law which are order, justice and freedom. All of these are realized by the criminal's regulating function, right protecting function and freedom protecting function. At the same time, there lie two fundamental interests, security and freedom. Different countries have different emphasis on these interests at different times, like the attitudes to the values of order, justice freedom, and function of the criminal law. But no matter the value of security is submitted to the value of freedom or the otherwise, it causes the cruelty and injustice. So every democratic criminal law must base on special circumstance and coordinate the interest of security and freedom, which causes the theory of the modest proposal. The theory studies the arrangement of committing crime and penalty, and analysis the specific expression. The economic crime with special character has urgent need for this theory. No matter the arrangement of crime and penalty of criminal law in China lies lots of in it, which waste amount of cost and injustice social effects. The article analyzes those situations, and conclude the reason of damages of planned economy and distrust of marketing economy under the situation that freedom interest submitted to security interest. So under the socialism marketing economy, we should emphasize that marketing economy is legal economy and sequence economy. At the same time respect the regulation pattern, trust the function of the market, keep condense of administration and legal, especially the criminal law, and trust that the market can control the situation effectively. So our economy law and judicature should establishconception of balancing the interest of security and freedom, and realize the double departmentalism in practice.