The Study Of The Economic Crime

Along with the development of the market economy, the economic crime has been concerned increasingly. On one hand, the free competitive market economy is the economic foundation of the economic crime, the matters of the economic crimes in every countries are disciplinary. On the other hand, our market economy's development is late but swift and violent, has some special characteristic which is differ from the western country. So when we study the theory of the economic crime, the foreign outcome which has been studied must be introduced and selective used. And so there have been a series of inevitable mistakes when analyzing the economic crime, such as the type of the economic crime, the criminal liability of the corporate crime and so on. The aim of this article is that through comparing the concept of the economic crime in every countries, analyzes the concept and the constitutive elements of the economic crime and discusses the type of the economic crime, the criminal liability of the corporate crime, the legislation of the economic crime, and the procedure of investigation and the judicial proceedings. There are five parts in this article: The first part is the studying of the economic crime's concept. There are two sections in this part. Section one discusses the economic crime's concept. It firstly introduced the concept of the economic crime in the America, Germany, Japan, and China. Secondly two principles were brought based on the objective of the economic crime. Finally the conclusion is that the economic crime means that in the course of the economy the subject of the market economy's illegal behavior which aggress the orders of the market economy and the national economy. There are five characteristics of the economic crime. Section two explained the character of the economic crime farther. Firstly, the multi-subject studying of the economic crime makes its independence being hard understood, but the economic crime is an inevitable problem in our economy and criminal. Secondly, the economic crime is a double business, it aggresses the economic law and the criminal law formally, and violates the private law in the content. The second part is the constitutive elements of the economic crime. There are four sections in this part. It discusses the object, the objective elements, the subject, and the subjective factor of the economic crime. Section one is about the object of the economic crime, first point out the meaning of the object of the economic crime, it is a determinative factor of the economic crime's independence. This section secondly enumerates several national and foreign ideas. Finally, it concludes that the object of the economic crime in China is the business orders and the management orders of the socialistic market economy. Section two is about the objective elements of the economic crime. It firstly emphasizes the theory of the objective constitution of the economic crime, the theory considered that the objective constitution of the economic crime should include the structure of the behavior, the structure of the irregularity, and the actually damage of the economic crime. Secondly it analyzes the shortage of the structure of the behavior of the economic crime, and animadverts the idea which considered that the actually damage is one of the objective elements of the economic crime. Section three is about the subject of the economic crime. It is studied based on two aspects, the one is natural person, and the other is corporation. About the natural person, it firstly summarizes the type of our natural person, and the concrete economic crimes they can violate. Secondly, it summarizes the economic crimes which can not be violated by the common natural person but only by the personnel of the corporation. About the corporation, it firstly defines the meaning of the corporation. Secondlythrough enumerating and analyzing the subject of the national machinery, concludes that our national machinery could not be the subject of the economic crime. Finally, it expatiates when the subject of the economic crime is the corporation, the responsible manager and other responsible personnel should not be the subject of the economic crime, they should be punished, but not the subject of the crime. Section four is about the subjective factor of the economic crime. Through analyzing the laws of our economic crime, this article considers that the subjective factor of the economic crime is mostly intended, but also exists the negligent crime. The third part is to considering several issues of the economic crime. There are three sections in this part. Section one is the type of the economic crime, firstly it introduces the type of the economic crime in Japanese, and a characteristic outcome in Japanese namely the target studying of the economic crime. Secondly, in our type of the economic crime, it discusses our type of the economic crime based on the third chapter of the criminal law should eliminate the traditional property crimes, and should include the new type of the economic crimes and the economic crime by taking advantage of duty, and analyzes the relation between the white-collar crime and the economic crime. Finally it points out that along with the development of the market economy, our type of the economic crime will keep on varying also, and indicates the meaning of the type of the economic crime. Section two is the criminal liability of the corporate economic crime, includes the theoretical premise of the criminal liability of the corporate economic crime, the principle of the criminal liability of the corporate economic crime, and the type of the criminal liability of the corporate economic crime. In the part of the theoretical premise of the criminal liability of the corporate economic crime, firstly introduces the theory in England, America, German, Japan and...