The Rational Reflection On The Improvement Of Criminal Legislation Concerning The Economic Crime

With the economic development in China, economic crimes have undergone constant changes and presented the trend of diversity, which has posed a real challenge on the stability of the criminal law. By analyzing the course of the development of the economic crimes as well as its current legislation status, this essay will put forward related suggestions on how to improve the criminal legislation concerned with the economic crime. Considering the China's present situation of experiencing the economic transition and tremendous changes in the enactment of the law, it is recommended that in order to grant criminal law more efficiency to make sure the stability of economic development, with taking into account the characteristic of criminal law, there should be a serious reflection on the extent to which and the way in which criminal law intervenes economic behavior. This is the purse as well as the basic clue of the essay. Based on this, the essay is divided into the following three chapters.Using the fundamental concepts in criminal legislation concerning the economic crime as the logical starting point, the first chapter discusses the basic principles of criminal legislation and the policy of criminal legislation. Specifically, the principles of criminal legislation concerning the economic crime include adaptability, coordination and stratification. Meanwhile, there are four aspects in the policy of criminal legislation: in accordance with the trend that both the amounts of crimes and the sums of money related have increased, the legislation is required to go beyond the practical limit and possess the characteristic of being in advance of the current situation and being able to adapt to the practical situation; On the basis of the connections and relevancies among different kinds of correlation crimes, the emphasis should be laid on the and integrity among various kinds of the legislations; and based on the reality of China's economic development, make the criminal legislation and criminal penalty lay more stress on light sentence and scientization.According to the principle of the modesty and restraint of criminal law and under the criminal law's position of standard of right, Chapter two deals with the identification of incrimination and criminal penalty revolution in the area of economic crimes. On the part of the identification of incrimination, by analyzing aspects from both abrupt features and necessity of discretion, it is concluded that there are two standards for setting the crimes circle: the"theoretical legitimacy"and the"possibility in reality". The former contains conditions of the severe social harmfulness in economic crime and the irreplaceable role of criminal law while the latter contains conditions such as the culture matters, recognition of the legislation by the citizens, and the technology in the country. As to the identification of the criminal penalty, it is recommended that under the direction of the rational opinion of the criminal penalty circle, the current criminal penalty should be improved into the one with slight sentence and more scientization. Specifically these include the limitation of death sentence and confiscation of property sentence; the precision of the circumstance for sentencing; and the scientization of pecuniary penalty and punishment against qualifications.Chapter three is concerned with the improvement of the legislative mode for the economic crimes. After commenting the three present types of mode of legislations which are criminal code, subsidiary criminal law, and separate criminal law, the author proposes to construct the multiplex legislative mode. By differentiating the different types of economic crimes and considering the different ways of legislation for these various types of economic crimes, corresponding kind of legislative mode can be adopted. To those few malum in se and comparatively simpler statutory offenses, the legislative mode of the criminal code will be applied; to those highly professional statutory offenses, the legislative mode of the subsidiary criminal law will be adopted; and to some specific kinds of crimes such as money laundering, the legislative mode of separate criminal law will be adopted. According to the specific characteristic of certain type of crime, adopt different kinds of legislative mode to promote unity of the satiability and adaptability of criminal code.