Study On The Economic Criminal Punishment Configuration

Since the reform and open policy, in our country,from planned economy to market economy, with the rapid development of Chinese economy, all kinds of economic crimes and the economic system is not perfect contributed to economic crime. The law as a strong deterrent force, maintaining market economic order,need to improve the penalty in legislative and judicial aspects of configuration, improve the legal quality. Economic crime is a violation of the provisions of the criminal law in economic activities the destruction of socialist market economy order shall be subject to criminal punishment, namely the narrow sense of the concept of economic crime. The current economic crime is complicated, the harm is great, the subject of crime of professional, intelligent development, economic crime has become important factor restricting the economic development in our country. Under the background of economic construction, the way to construct economical development order is the value pursuit of economical crime punishment. The establishment of perfect scientific and reasonable penalty, become the important task of combating economic crimes.With the development of the humanitarian and human rights principle, penalty lightening has become the trend of penalty development. The current criminal law of our country support the thoughts of the torture, the deterrent force did not reduce the crime rate. Therefore, the severe punishment thought crime is not reliable,it need to establish a reasonable, effective penalty. The penalty is a means rather than purpose, so the penalty should be the suitable, appropriate, economic benefit, the individualization of punishment principle. The configuration includes legislation static, i.e. legal punishment shall be in accordance with the standard set of social harmfulness, different social harmfulness should set different levels of punishment. The configuration includes dynamic justice, judge the legally-prescribed punishment as the foundation, the crime according to the circumstances of sentencing, bodily harm, make the possibility of a sentence is determined. China’s current economic criminal constitution and penalty, violating the criminal law requirements, is not helpful to the public understanding, what behavior is prohibited by law,and is not benefit to the dissemination of the law. It is not conducive to the application of the law, provided the condition for the abuse of discretionary power of judges. Therefore, economic criminal law legislation should be based on criminal law as the basis, supplemented by specific regulations, which meet the requirement of stability and economic development of degeneration of criminal law, and of course the constitutive elements of law should be clearly. At present, the economic crime penalty system pay attention on the apply of imprisonment, but ignore the non-imprisonment punishment, such as fine punishment, property punishment, the qualifications punishment. Lawmakers attempt to use torture to curb the increasingly serious economic crimes, but get the opposite of one wants. In view of the high economic crime, punishment should be more useful of economic instruments. Because of the profit of economic crime, the economic crime people pay much more attention to the material,if the penalty really work, it must improve the ratio of fine penalty, property penalty applies, the qualifications punishment, from the possibility of material and the entry qualification to curb its recidivism. In addition, according to the shortage of resources in our jail, prison crime transformation effect of property penalty execution, low cost, ease the shortage of judicial resources, increase state revenue, meeting cost benefit principle. Of course, according to the problems in the execution of the property punishment, China should accelerate the establishment of a nationwide personal property declaration system, the implementation of property clear, believing the difficult execution of the property punishment will gradually improve.In the dynamic justice, punishment should be based on the legal punishment of crime, combined with the bodily harm. sentencing, including statutory sentencing and the discretionary circumstances of sentencing, judge discretion, determine the decision of punishment. In order to guarantee the reasonable legal sentencing, the judicial process should be transparent legitimate, it should establish a relatively independent sentencing procedure. The judge as a magistrate, the discretion should be subject to supervision, social supervision by public opinion, media, including internal and external professional, effective constraints on public power, in order to ensure the justice of the legal power, to prevent corruption. Establishment of the penalty method and the unified program of public power, to break the traditional model of justice, improve the participation of the victim and the offender. Circumstances of sentencing should be quantified as far as possible, will be used in the form of routine sentencing legislation.