Research On Non-Custodial Penalty Of Economic Crime In China

In recent years, with the further development of our country market economy, economic crime presents the complexity, the trend of specialization, has become the focus of attention in Chinese academic circle, is also the focus of our society. For mounting of economic crimes, our country invested a lot of manpower and material resources and financial resources, has adopted a series of special operation of strike hard and punish. The crackdown against economic crime, high intensity, broad scope, make continuous wave the wave of economic crime in our country. However, due to its own characteristics, economic crime causes of diversity, such as occurred in the field of specificity, behavior of the concealment of the complexity, the behavior way and the result of behavior huge harmfulness, high strength, wide range application of imprisonment to fight against economic crime effect is not significant. Objectively speaking, the problems of economic crime in China research still in its infancy, how to prevent and curb economic crime is still a theoretical and practical circles in our country must face a serious and realistic problem.Throughout the international community, under the influence of human rights and humanitarian, appeared the criminal policy of "heavy" gently, and for the prevention of economic crime and punishment, punishment also has emerged, the trend of the socialization and individualized penalty."Heavy" gently in draw lessons from western countries, on the basis of criminal policy, our country "concerning combined with a broad" punishment thought, Chinese scholars also proposed the criminal policy of "tempering justice with mercy" claim, the claim of crime have wide have strict, not only requires in wide and YanZhiJian should have a certain balance, connecting with each other. And in the field of economic crime penalty execution, the requirements of the "tempering justice with mercy" criminal policy should be based on the reflection of China’s long, guided by the policy, encourage the development of the non-confinement penalty, to the road of the anamnesis of severe punishment. Around these problems, the paper expounds and analysis from the following four aspects:In the first part, the introduction of the concept of economic crime and the imprisonment, characteristics and types. In this part, first introduced the domestic and foreign scholars on the concept and type of economic crime, so as to lead to the imprisonment of the connotation, characteristics and types. Based on relevant academic point of view to think, this paper argues that non-confinement penalty should include the penalty and punishment execution two aspects, the applicable objects should be a crime, not applicable to the criminal suspect or others, at the same time is applicable in the process of execution punishment for criminal has the nature of the non-confinement penalty system and method, should not be included in the criminal prosecution stage of criminal suspects and defendants criminal compulsory measures. Non-durance penalty refers to, therefore, determined by the judicial organ outside the prison for the crime of lighter criminal penalty methods, and in the process of execution punishment of criminals applicable in the execution of the penalty system and methods.In the second part, the analysis and put forward the non-durance penalty of economic crimes. Non-durance penalty concept in economic crime and, on the basis of this part is the non-durance penalty of economic crimes inevitability for the relevant theoretical basis. This paper argues that in the economic crime on the application of the non-confinement penalty in accordance with the theory of civil ideological because of its emphasis on human rights protection, also embodies the value orientation of human rights, and more reflect the modern idea of penalty in pursuit of the efficiency of criminal penalty. At the same time, compared with imprisonment, non-confinement penalty in economic crime, which can ensure the criminal law for the maintenance of security and stability of the market, and can prevent the excessive intervention of criminal law, affect the efficiency of the market economy activities.In the third part, the paper expounds and analyzes the non-durance penalty for economic crime in our country’s present situation, problems and reasons. Admittedly, non-durance penalty of imprisonment to the transformation of work in our country has a long history, in the long-term judicial practice also has accumulated rich practical experience, also has obtained the good social effect. However, the current our country of economic crime penalty applies still exist some problems. From the concept, our country there is a "heavy" tradition and the social public opinion pressure, make the judicial organs in cases often had to "go"; From the adjustment scope of criminal law, economic crime gradually expand the circle with the market economy activities, adjusting range of economic activities by the criminal law, to expand gradually; From the criminal policy,"strike hard" special action to carry out frequently, also will lead to standards of economic crimes too freely; From the point of view of legislation, legal punishment on has been the biggest characteristic of economic crimes stipulated; And from the applicable regulations, non-confinement penalty applied conditions are not clear, lack of specialization and professional. All these defects to non-confinement penalty for economic crimes in the judicial organs apply brings great difficulties and challenges.In the fourth part, on the basis of the foregoing, this section on how to perfect our country’s economy non-durance penalty proposed his own view about the crime. The rationalization of first, to establish the punishment idea, set up the penalty concept of tempering justice with mercy, establishing public non-durance penalty of scientific attitude, to shift non-durance penalty concept of judicial organs. Secondly, it shall, from the perspective of the principal punishments and to structure optimization of regulation punishment, such as expanding the regulation punishment applicable objects and scope, scientific configuration controls the execution of the main body, clear regulation during execution of penalty. Again, for a supplementary punishments, such as fine, qualifications punishment should also be adjusted properly, such as improve the fine punishment status in the penal system, enlarge the scope of fine punishment, qualification of economic crime penalty to punish,, increase qualification penalty in economic crime of application type, etc. Finally, sentencing and execution system in our country, on parole and probation, this article also puts forward some views, such as refinement of parole and applicable conditions of probation, parole and probation the execution of the content and so on.