Discussion On Light Punishment For Economic Crime

As China's reform and opening up increasingly accelerated pace, and the economic system of huge changes in the market economy greatly promote the rapid development of China's economy at the same time. Undermining economic order, criminal cases can not contain the potential to rapidly increase, the amount of which involved large number of people on the normal hazards of the deep social and economic lives of the serious threat and destruction, so that the state must be made on behalf of the community of its most rapid and most severe reaction, called for the adoption to increase penalties to punish economic crimes an increasing demand, coupled with our history known as the tradition of advocating draconian laws, policies, support the crackdown. A large number of developing heavy legislative, judicial practice, quick, harsh, light punishments are widely used approach to heavy penalties. However, free punishment as the center, supported by the property system of criminal punishment in dealing with this new lack of economic crimes against the rationality of human rights protection is more ignored, and maintenance is difficult to give full play to the reduction of crime, crime prevention and punishment crime function, but makes the administration of justice, while increasing the cost of economic crime has become rampant and makes the criminal law become powerless to punish economic crimes, in the recent, but also easily lead to abuse and punishment of resources relative surplus. And it is widely used abroad to meet the qualifications of criminal, but economic crime has not been used in China to make the penalty system, the lack of integrity and scientific. Because the characteristics of economic crime, harm and are obviously different from the ordinary causes of violence and harm the safety of a criminal offense, without distinction provides heavy penalties for economic crimes and extensive practice in the administration of justice continue to apply the ultimate penalty would deterrent effect can not achieve the purpose of default, leading to the depreciation of the penalty and invalid, it is difficult to play the role of curbing economic crime.How light of the economic causes of crime and its own characteristics, to set reasonable penalties to penalty light punishment, this is a question worth exploring. Text is divided into four parts:The first contents of the first part of the light punishment for an overview of economic crime. In this section, first reviewed the historical development of economic crime, and the concept of economic crime had Discrimination, then summed up the light punishment in the Chinese history of the theory, and leads to the concept and value of light punishment implication.The second chapter of the status of our economic analysis of criminal penalty. Through this part of the analysis, Taking into account 79 changes in criminal law and criminal law 97 range, have to admit penalty situation of economic crimes "severe not tight", economic policy "emphasis on combating not on prevention"The third chapter of the light punishment is the basis for economic crimes. Economic crimes, the cause and because of their specific areas and complexity, its danger to society than the traditional crime is relatively smaller, light imprisonment and the ratio between the space, doing my part to be a light punishment an important part of the reform.The firth chapter in our current political and economic situation, economic crime light punishment should be progressive, the following aspects:the legislation to reduce the count of the death penalty; development and improvement of property eligible for punishment in the criminal and economic crimes in the regulations; in judicial, should be cautious to life imprisonment; narrow the scope of application of criminal detention and to seek the more leisurely control and probation penalties such alternative measures.