Study On The Equal Protection Of Criminal Law To Public Economy And Non-Public Economy

Equality is the basis of the justice value of criminal law, it is the first element of the criminal law and justice. Criminal Equality outlook on criminal law norms and judicial practice, the boundaries of crime or felony and misdemeanor division, as well as crime and relationship to determine the relation of criminal punishment applicable to be fair and reasonable requirements of the Crime and Punishment equality, the same situation is treated in the same manner as its key is that crimes adapt principles. China’s Criminal Law Article Crime adapt to the principle, that "the severity of the penalty, should rows and criminal responsibility for crimes and criminals adapt." Crime adapt the basic meaning of the principle of first legislation defined legal punishment must be compatible with the nature of the offense and the severity of the harm to society; Second, the administration of justice, declared criminal offenders crime and criminal responsibility should be adapted. The Crime Criminal established adaptation principle requires lawmakers, legal punishment to be compatible with the nature of the crime and social harm. Under the socialist market economic system, the national property rights and the status of the non-national property rights should be equal. Rights of the same nature on different subjects from the political level, it should be equally confirm the equal protection; starting from the basic spirit of the rule of law in the various departments of the same legal system should be established for specific systems proper coordination should not be conflicting. China’s criminal law on the protection of public ownership, the non-public economy set a different legal punishment, inequality in the legislative, contrary to the Crime and Punishment fit principle. Legislation on inequality will inevitably lead to judicial injustice, resulting in the non-public economy has been unfair treatment.In the area of criminal law, the implementation of the equal protection of the non-public economy and the public sector of the economy is essentially a theory of criminal law theory and practical indisputable. In this paper the non-public economy and the public sector of the economy in the criminal law on the equal protection of the depth and fully explored. Content, including the criminal law to protect the public, non-public economic equality of economic, legal basis, criminal law, equal protection of the public and non-public economic necessity, the understanding of the criminal law on the equal protection of the public, non-public ownership economy, equal protection of the criminal law, public, non-public economic criminal law deficiencies and improvement...