Criminal Law Should Protect Non-state Economy Equally

Non-state economy has experienced a long-term winding developing process in our country, and encounters a great repel before reform and open policy for a long time. As the reform and open policy was applied, the understanding to non-state economy also gradually deepened. The growth of non-state economy conforms to the values that our country is emancipating and developing the productive forces. Non-state economy plays more and more import roles in the national economy day by day as non-state economy unceasingly grows strong. Nowadays, the non-state economy has already became an important component in our country socialist market economy.Equally treating state economy and non-state economy is the essential requirement of socialist market economy, the intrinsic request of criminal law rational, the intrinsic request of constructing the socialism harmonious society, the fulfillment of the commitment made to the World Trade Organization, and the need of safeguarding other department's health movement. By adjusting economic policy and revising constitution, the non-state economy's status and the function promote rapidly, and make the request that the state economy and the non-state economy are equal. As the superstructure, the criminal law is safeguards of economy development and the stability of society, therefore it should make a response: abandon the traditional ideas about non-state economy, revise rules in criminal law that discourage the development of non-state economy, protect state economy and non-state economy equally, establish the equal market status of non-state economy, set up a good criminal law environment for non-state economy.Non-state economy's property ownership is personal; this nature is established by the constitution. But once non- state-owned property is put into society, it becomes the enterprise property, and performs functions to the society and public; it depends on the populace as well as affects the populace. Non-state economy has private aspect on one hand, but it also plays a positive role in contribution to the country, public and society under the socialist market economy condition on the other hand. It made the same positive contribution to the society just as state economy does. Non-state economy is an import component of the socialist economy. We should encourage both concrete and formal equality between state economy and non-state economy. To carry out the theory appropriately, it should be a little overcorrect in the theory. A well organized viewpoint, although it is possibly accepted by the judicial practice, it does not mean that the viewpoint has the academic value.This article divides into four parts, the criminal law's evaluation to the present situation of non-state economy protection, the basis of criminal law's equal protection to non-state economy with its necessity, the understanding of criminal law's equal protection to non-state economy,. the consummation of criminal law's protection to non-state economy...