Research On Non - Criminalization Of Economic Crimes

The economy is at rapid speed and science of criminal law also develops fast. While backwardness of legislation makes criminalization faster than decriminalization. Economic crimes are different from other crimes, which is unable to set as other crimes simply. That economic crimes are expanding in recent judicial procedures is departure from the legislative intent and legal position of criminal laws. There are some problems in economic crimes cases. The boundary between criminal laws and administrative law is unclear that people just base the amount to differentiate general economic violations from serious economic violations. This mode seems so simple that departs from the legislative intent totally. At the same time, miscellaneous provisions of economic crimes play an important role in expanding. Legislation pays more attentions on criminalization while ignores decriminalization, which makes criminal laws interfere with people lives and social instability. It is necessary to pay attentions on legislation of decriminalization and restraint the expansion of crime circles.As development of society and economy, the senses of economic crimes also need change. There are some inappropriate economic crimes violates recent society development. As the third decade of the 21 century is approaching and the chance of economic reform is coming, the study of economic crimes should continue and regard decriminalization and criminalization in the same way. The thesis makes study of decriminalization of economic crimes in order to meet such intents.There are four parts in this thesis.The first part introduces concepts and characters of decriminalization. It also explains function and position of decriminalization.The second part makes analysis of some cases of economic crimes and gives opinions of the problems shown of these cases.The third part makes use of some views from tolerance of criminal law, substantive rationality, and economic freedom to support decriminalization of economic crimes.The fourth part gives possible solutions to decriminalization of economic crimes in legislation and justice, including scientific legislation, improving precedent system and so on.