On International Tendency And Legislative Reforms Of Economic Criminal Law In China

In China, as the last protection of economic developing, the economic criminal law will go international with the further developing of market economy. This tendency is inevitable because of the joint natures of market economy and law, as well the influence on other main factors. It includes abstract and specific significance. By propagating national law or transplanting foreign law, or harmonizing with international treaty and convention, the economic criminal law of one country develops into science, democracy, civilization This is its specific significance. It has the characteristics of historical objectivity, particularity and inclining to common in China.The international tendency of economic criminal law brings the changing of legal ideas and law value. For this tendency, it needs the ideas of modern, equality, credit and innovation to support the legislative reforms. Also, it needs the value of science , rule of law, human rights, and utility to guide the legislative reforms.At present, the economic criminal law is not perfect, although it has large effect for economic developing in China. It would have some legislative reforms to adapt the international tendency. It should build one modern net of law and a scientific system of penalty to gain more utility. The law net would be consists of criminal law (separate regulations) and subsidiary penal code. The penalty system would reduce death penalty, limit freedom penalty, increase the applying of fine penalty, and set up qualification penalty which should correspond to it.