Discussion On China's Criminal Policy To Economic Crimes

The phenomenon of economic crimes is very complicated in China, whose society is under its transitional period. In order to prevent and keep economic crimes within limits, it is necessary to rethink and adjust the criminal policies of economic crimes.Economic crimes are regarded as a kind of crime destroying the socialist market economic order. Compared with traditional types of crimes, economic crimes have the features of non-violence, concealment, the aim to profit to interest, complication etc. But, at present, the cost of economic crimes is not very high, to some extent, economic crimes have inevitability.One point of view on dealing with illegal economic behaviors is to adopt hard criminal policy, strict arm of the law and severe punishment. The other point of view is to be inclined to carry out soft criminal policy and lighten the penalty to the economic crimes based on the trend of lightening the penalty and the features of economic crimes.The primary factors which can influence the criminal policies of economic crimes are: the either-lenience-or-seriousness criminal policy, the situation of economic crimes under China's transitional period, economic regulation policy, the requirement of constructing the harmonious society.The criminal policies of economic crimes have some features. First of all, legislatively, the criminal policies of economic crimes lean to adopt the doctrine of severe penalty, and focus on criminalize the illegal economic behaviors. Secondly, severe but not strict in judicially, many economic crimes can not be fought in time and the purpose of the doctrine of severe penalty can not be fulfilled. At last, with regard to the method of dealing with economic crimes, the criminal policy is relatively simplex and relies on the criminal substantive law excessively, especially the function of penalty, but ignore the functions of other legal, economic and social policy in preventing and controlling the economic crimes.Through analyzing the features of economic crimes, the trend of criminal policy, influential factors and China's criminal policy to economic crimes, we point out that China should consider some adjustments of criminal policy to economic crimes. With regard to the guiding idea, we should build up the extensive concept of criminal policy and organize the reaction to the economic crimes rationally, from legislative, judicial, executive, social policy etc. With regard to the adjustment of legislative policy to economic crimes, we should pay attention to the non-criminalize the illegal economic crimes, set the upper limit of penalty and abolish the death penalty gradually, expand the application of property penalty and qualification penalty. At the same time, on legislative mode, we should set down a uniform Economic Criminal Law. With regard to the adjustment of criminal justice policy to economic crimes, based on the either-lenience-or-seriousness criminal policy, we should carry out the means of grasping the big and leaving off the small. With regard to the adjustment of judicial policy to economic crimes, we should establish the pattern of criminal policy based on both of national and social Interest.