Macro Thinking Of China's Economic Crimes Legislation

The modernization conceives the stability, but modernization process stir up the turmoil. From the macroscopic angle in criminal theories, combinative the present condition that current judicatory practice, analyze the penal special provisions from microcosmic angle, for perfect our lawmaking, guide our judicatory practices, having the realistic meaning.This article is composed of three parts, totally more than 40,000 words.Part 1: a review of the design of the fact about a economic crime. The writer investigate the Jurisprudential concurrence, Circumstance crime, Non-prescribed Crimes large quantity exist in current economic crime lawmaking. First, pointed out the social objective reason and the technical reason in lawmaking are the two sources of that phenomenon. On the contrary, application the technique in law making, can dissolve the obstacle that judicatory establishes and make law brief. Then thinking in our country the large quantity Circumstance crime existing is ineluctable after contrast with west crime constitution. Again, analyze the function of Non-prescribed Crimes that large quantity exists in economic crime.Part 2: a review of the economic crime penalty establishing. It analyzes death penalty, fine penalty, qualifications penalty in the economic crime. First, pointed out the retribution punishment the utilitarianism punishment can't be the pleading that apply the death penalty in the economic crime. Moreover, the economy commits crime because of the more complexity causations. The next in order, the writer refuted, promoting the main and penal standpoint in the economic crime lieutenant general fine penalty, combining the suggestion establish the easy section in fine penalty system.Part 3: a review of the outlook to our country economy crime future lawmaking form. Because the conflict between the changing characteristics of economic crimes and the stability of penal code. Through the comparison of the jurisdictional interpretation, separate regulations, criminal amendment, subsidiary penal code, thinking the subsidiary penal code is best choice that we should have. Certainly, this lawmaking mode alleviate or dissolves the contradiction of Jurisprudential concurrence, Circumstance crime, Non-prescribed Crimes mentioned in part 1.