The Absence Of Legislation And It’s Perfection Of Price Crime In China

As the product of the development of the commodity economy, price has an important position and role in today’s social development, which affects everyone’s life and even the stability of society as a whole, At present, all over the country, some unscrupulous operators implementation of price offenses lead to a persistent rise in agricultural, food and other basic consumer goods prices situation,which has seriously affected the social stability and people’s living. An important reason cause the price offense’s growing that the "Criminal Law of the People’s Republic of China" and other criminal law does not explicitly prescribed price crime, resulting in price crime which is serious harmful to the social can not get a reasonable regulation. However, theorists did not conduct in-depth research about legislative defect and it’s perfection in price crime. Price crime is serious harmful criminal behavior to the the order of market price, other operating behavior of the subject and the legitimate interests of consumers. China has always attached great importance to crack down on price gouging, hoarding and other price crime, the existing criminal law, however, not only did not clearly defined price crime, but also can not include the price crime by judicial interpretation. Improving the price crime legislation is important mot only on the regulation of prices to curb price violations, but also to strengthen the effectiveness of the Criminal Code governance, and effectively protect the country, the legitimate interests of other operators and consumers. China can clearly defined price crime in the criminal justice system by Criminal Law Amendment Act, and the phased build Price criminal charges system at the appropriate time. Reference to foreign legislative experience of the price crime, China Sentences design should pay attention to the role of the criminal fine, while increasing control punishment applicable and increasing qualification criminal types, so as to build Price criminal Mitigation penalty structure.