Research On The Equal Protection Under Criminal Law Over Non-public Sectors Of The Economy

Under the background of the rapid development of the non-public sectors of theeconomy, equal protection of non-public economy by criminal law is very important andprominent. But no matter how reality changes, how the non-public sector of the economypromotes, no matter how private and academic appeal, there is still no substantial progress onthe equal protection under Criminal Law over non-public sectors of the economy. Thiscontent based on but not limited to, the basic principles and all specifications of criminal law,based on the reality of economic and social development in our country, according to ourcountry’s constitution, civil law, commercial law department, etc. Centre on the equalprotection of the criminal law problems of non-public economy, and try to put economic,political, social, and other department law perspective into the perspective of criminal law, tofind problem in non-public economic equal protection of criminal law. Then, clarify thenon-public sectors of the economy the necessity and feasibility of equal protection and thepath to perfect.The content is divided into five parts, which are as follows:The first part is “the criminal law protection of non-public economy and non-publiceconomy”.First of all, defining the intension and extension of the non-public sectors of theeconomy, and introduces its development situation in our country. On this basis, the authorcarried on the summary of criminal law protection of non-public economic, which is preparedto expound the next.The second part is “clearing the problems of the protection of equality of the non-publiceconomic by criminal law”.At first, analysis of the two kinds of views which is relative on theequal protection under Criminal Law, and further explore the focus of controversy--equalityclassification criteria. On this basis, points out the problems existing in the criminal law onequal protection: discrimination on the identity and status of criminal laws, the differencebetween the crime and punishment in terms of the same nature behaviors and the differencebetween the crime and non crime in terms of the same nature behaviors.The third part is “analysis of the necessity of equal protection”. Demonstrate that equalpenal protection of non-public economy is the necessary requirement of the promotion of themarket economy’s healthy development, the realization of social harmony and stability andthe achievement of the internal and external rational of penal laws. The fourth part is “feasibility analysis of equal protection”. Demonstrate that criminallaws have feasibility bases and conditions in respect of policies,juristical and economic in thearea of equal protection of non-public economy.The fifth part is “equal protection suggestions”. In order to achieve equal protection ofthe legislation of criminal law on non-public economy, the change of perception is premise,amending criminal law is the path. In view of the general provisions of criminal law and theproblems existing in the specific provisions of criminal law, the need to modify the legislationof criminal law so as to realize the equal status of non-public economy in penal area and theequal protection under Criminal Law over non-public sectors of the economy.