The Equal Protection Of Criminal Law On Non-State Economy

Since China from planned economy period to market economy period,China's non-state economy has developed rapidly,its contribution to the national economy has exceeded that of state-owned economy. However,because of our country's unique history and policies,the protection of the Criminal Law on non-state economy and state-owned economy is not completely equal. No matter in the task of the Criminal Law,the conception of crime,the principles of equality,or on the settings of accusation and the configuration of legal punishment,it reflects that Criminal Law focus on protecting state-owned economy. Equal protection of non-state economy and state-owned economy in the Criminal Law is necessary,which is the requirements of Jurisprudence and Constitution,the inherent requirements of basic principles of the Criminal Law,and the requirements of other department laws. The unequal protection of non-state economic will block the healthy development of socialist economy.This essay investigates foreign criminal laws legislation of the protection on non-state economic,studies on the spirit about the equal protection of foreign criminal laws on non-state economic,and discusses its advanced legislation technology. On the basis of reflecting domestic legislation,comparing and analyzing of foreign legislation,makes several suggestions on changing the conceptions of criminal law and improving criminal law legislation to realize the equal protection of criminal law on state-owned economy and non-state economy.