The Study Of Problems Of The Economic Crime

Along with our country market economy's swift development, each kind of society contradictory unceasingly exposes.Takes a judicial worker, we must conduct the research to the present situation, discovers the contradiction, observes it from the legal angle of view, discovers solves its means. With our country in 1979 "Criminal law" the comparison, after in 1997 revised "Criminal law" strengthens obviously to the economic crimes stipulation and attack dynamics, this was present to maintain the social stability, developed the productive forces request vigorously, also adapts the commodity economy development request.In this paper, it is through the existing criminal law provisions of economic crime awareness, through the domestic and international economic situation of crime legislation, the amount of crime on the criminal conviction and sentencing economic impact. Through our review of the situation of economic crime legislation, put forward China's current economic crimes legislation establishes the scope of the crime ring, some through administrative, civil adjusted by means of economic relations through the criminal law to regulate and criminal law to interfere in the economic activities the more, to the detriment of the current economic development in the economic crimes set the death penalty more, the penalty is too harsh, but the actual imposition of the death penalty is not the case, the existence of corrosion of the situation of legislation at the same time, in the punishment of economic crimes Penalty exist, such as the application of the property punishment is not sufficient, the issue of inadequate implementation of the systemI believe that China's economic crime legislation should implement the principle of Modesty of the Penal Code, against some clubs .The act, the state only in the use of civil and administrative legal means and measures are still insufficient anti-system, the method can use the Penal Code, that is, through the criminal provisions of its legislation as a crime, punishable by a certain penalty, and thus the adoption of the corresponding criminal justice activities to be addressed. Implementation of the Penal Code Modesty is the primary means of non-criminal and the non-penalty. The author on how to amend the Council also raised the suggestion that in our country if the death penalty was applicable legislation to reduce the charges, the first such economic crimes should be abolished the death penalty in non-violent crime. In order to strengthen the abolition of the death penalty after penalty efforts, we can adjust the penalty rate of economic crime, serious crimes against the economic order set up the heavier Legal Sentence restoring life imprisonment and probation system should be perfected, the real life into life free punishment; reform China's current penal system, the establishment of more long-term freedom of criminal measures to combat serious economic crimes. At the same time, to take the property punishment system and improve the application of full property punishment measures, from the economic interests of combating and preventing economic crime, can also use administrative, civil or criminal punishment for the measures to strengthen the fight against economic crime and prevention efforts.This article through the above elaboration, proposed how the author as well as should crack down on the economic crimes to economic crimes' understanding the method, makes every effort to the economic development and the social stability most meager strength.