On Legal Regulation Of NGO Staff Duty In Economic Crime

Since 1990's, with the socialism market economic system were built, China had already gone into the "big society, little government" of the period of social transformation mode. That mainstream discourse and practice "Government is omnipotent" is towards to the varieties of power and democratic changing. NGO is a kind of non-profit, non-governmental and guarantee formal group. It is regarded as "the third route" besides the government and companies. NGO has very stronger power and widely prospects in the future. But NGO is an unusual field to the law science. This data are shortage in our country now. In this, the economic crimes by taking advantage of duty in NGO are couldn't regulate by the criminal law. But these crimes' influences are very widely for our society. This article is related with "mention question"-"analyze question"-"resolve question". I will use a cross-science's new method to deal with this law blank in this article.This article is divided into three chapters. The first chapter is "the brief of the economic crimes by taking advantage of duty in NGO". I will mention the question. At first, I will use the theory of the politics science and administration management science to analyze NGO's concepts and attributes. I divide them three categories: "the up to down", "the down to up" and "the up between down". And I will analyze and compare Chinese local NGOs with west countries' NGOs. Then I make a concept for the economic crimes by taking advantage of duty in NGO. And I point out if the economic crimes by taking advantage of duty in NGO can't regulate by the criminal law, they will bring very large bad effects all kinds of the aspects. At last I think the sources of the economic crimes by taking advantage of duty in NGO are these points: the system of social transformation mode is dated, the attributes of power, the inducing of benefits, the culture sources and the defects of the regulation and direct system.The second chapter is "analyzing the regulation for the economic crimes by taking advantage of duty in NGO in the traditional criminal lawscience". I will analyze question. This article uses the politics science and jurisprudence and criminal science to analyze this main discourse for the traditional criminal law theories and the regulation of the law contexts. I think the theories and the practices have three defects: one is shortage of NGO discourse; the second is the method is dated; the third is the preoccupation of the traditional study. At last, this chapter uses single case analyzes method, by the judicatory practice and NGO theory, analyze the "Black Whistle" (an example of the economic crimes by taking advantage of duty in NGO). I think the judieatory practice of our Supreme People's Procuratorate is a kind of time space misplacing and misreading. .The scholars' mainstream construe are puzzling resolves. But if we set up a kind of the economic crimes by taking advantage of duty to NGO, these troubles will resolve completely.The third chapter is "paradigm change-resolving of the economic crimes by taking advantage of duty in NGO. I will resolve the question at last. In this chapter, I will use a method of jurisprudence to study the department law issue. I think set up a series of the economic crimes by taking advantage of duty in NGO is very important. In order to set up a series of the economic crimes by taking advantage of duty in NGO for criminal law, this chapter is conceived the fundamental principles of these crimes. In order to punishment fits these crimes, I also have some new ideas. Such as the embezzlement and bribery, I will analyze the law structure. At last, I will analyze the constitutions for the economic crimes by taking advantage of duty in NGO by the hypothesis method. In order to these regulations practice easily, also I will compared the constitutions of economic crimes by taking advantage of duty in the companies and governments with the economic crimes by taking advantage of duty in NGOs.