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The Study On The Causes Of Economic Crimes In Present In China

Posted on:2014-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:P H ZhaoFull Text:PDF
GTID:2246330395994267Subject:Law
Abstract/Summary:PDF Full Text Request
Economic crime is a serious harm to our country socialist market economic order,a crime against public property and has serious harmfulness, which mainly exist inthe economic field, including the crime of smuggling, fund-raising crime, crime ofillegal absorbing public deposits and economic crime occurs in enterprises. Since the"special treatment of economic crimes in China" activities to combat economic crime,the effect is remarkable. Compared to economic crime and the past, great changeshave taken place in the scope, subject of crime, criminal means, the consequences ofcrime, crime investigation, cases, cases are also on the rise, an increasing amount ofmoney involved. On the crime of smuggling, selling the production of inferior goodsinfringing intellectual property rights, taxation, violation of the national managementand violation of company law, the unit crime, common crime post economic crimeand non-service personnel and economic field staff in collusion with the upward trend.The spread of economic crime, subject of crime, criminal means the identity of thecomplex intelligent, hidden characteristics, causes and the judicial organs of theeconomic crime with a lot of difficulties, very difficult.Economic crime has penetrated into every corner of the society, some of theeconomic crime has been extended, extended to other countries or areas in the region,the criminal act recklessly and care for nobody’s embezzlement of social wealthbehavior, serious damage to China’s socialist economic normal, orderly, damaged theimage of the government, corrupt social values, violation of conscience, justice andfairness, has become China’s economic and social in one big social effects ofpollution. Therefore, strengthening the research on the causes of economic crimes hasbecome a major theoretical issue in the judicial practice in China, and has been highlyvalued by the judicial circle and theory of criminal law, is of great significance for thecontrol of economic crime. Only the concept of real good grasp of the economiccrime and some remarkable characteristics, understand and grasp the causes ofeconomic crimes, countermeasures can we find an effective prevention of economic crimes, economic crimes have fundamentally curb.The main content of this paper is divided into four parts:The first part is an overview of economic crime. Divided into three sections;(1)the concept of economic crime, economic crime has narrow and broad sense, thetheory is generally believed that, in the narrow sense of economic crime is refers tothe provisions of China’s criminal law third chapter of the "crime of undermining theorder of socialist market economy". Generalized on economic crime is defined withthe economy, crime of property related. By Chinese and foreign scholars views andunderstanding of economic crime, and then summed up his views, namely in thecommodity economy in the field of vested interest, to seek illegal interests, inviolation of national laws and regulations, a serious violation of national economicmanagement system, destroy the socialist market economic order, in accordance withthe criminal law shall be subject to criminal punishment.(2) the scope of economiccrime, this part focuses on the concept of economic crime in our country, andcombining with the specific provisions of criminal law part of the range of economiccrime are described.(3) the characteristics of the economic crime. The characteristicsof economic crime in China: intelligence, cultural degree of economic crime is thesubject of crime generally have higher: complexity, economic crime is accompaniedby the commodity economy, occurs in the socialist market economy system, thecommodity economy more and more as more prosperous, its structure is also morecomplex: crime concealment, economic crime because of special means is usually noteasy to be known by the public: organization and interests, most of the economiccrime has the certain organization and the detailed division of labor, illegal gaineconomic benefits purpose: crime the crime rate is on the rise, the amount is alsogrowing: Legality whether a certain behavior, the crime is defined by law; dualillegality, economic crime is a violation of the law of our country, especially in thecriminal law, the other side surface and the destruction of the socialist marketeconomic order.The second part discusses the social causes of economic crimes. Respectively is:(1) from different regions of the gap between rich and poor.(2) the relationshipbetween material civilization and spiritual civilization construction.(3) the weak link of social supervision.(4) to the market economy and insufficient understanding ofunfair competition exists.(5) China’s financial market is not perfect, for theinvestment channels too single.(6) lag in economic management. There are socialreasons to analyze the economic crime from the six aspects of the.The third part discusses the legal reasons of economic crimes. Mainly from:(1)the fuzzy nature of law.(2) the legal deterrent force.(3) laws and regulations lag.(4)a single law legislation mode. From these aspects to analyze the social reasons ofeconomic crimes.The fourth part discusses the personal reasons of economic crimes.(1) the greedand values distorted.(2) the public awareness is not strong. Analysis of the personalreasons of economic crimes from these two aspects.
Keywords/Search Tags:Economic crime, order of the market economy, Social reasons, Legalreasons, Personal reasons
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