Equal Protection In Criminal Law For Non-Public Ownership Economy From Constitutional View

Equality implies both similarity and difference.The principle of legal equality indicates that all the same cases are to be awarded parallel treatments while different cases varied treatments. The rule of equality in criminal law is mostly reflected as all crimes of the same kind are to be awarded the same punishment and all Legal interest of the same kind are to be protected equally. The Constitution of the People's Republic of China stipulates that non-public ownership economy is not a subordinate economic form supplementary to the pubic ownership economy but is legally equal to the pubic ownership system. However, there are some obvious discriminations in Chinese Criminal Law, which are reflected as the deficiency of the protection for non-public ownership economy, different treatments in respect of criminal subject and discretion of punishment. We should refer the principle of"balance of Legal interest"to build an equal protection system for both public and non-public ownership economies, furthermore, we should re-explain the principle of"All people are equal before Criminal Law", amende the relevant regulations correspondingly.