New China Speculation Crime Research

Crime of Speculation is a crime subject in the history of criminal legislation of New China's legal system construction.Crime of Speculation itself is controversial with another name as “pocket crime”,which has made it a typical case in the study of criminal legislation.Because the Crime of Speculation has become the past,study cannot only be confined to the perspective of department law,but legal history should also be applied to research the formation,development and abolition of Crime of Speculation,the traces left behind and the rule of the law of movement hidden as well.Combine the research methods from criminal law and legal history,analyze the intrinsic and extrinsic characteristics,sort out the origin and evolvement,and then provide some beneficial advice for legal construction,which are exactly the purposes and interests of research.Same as other legislative activities,the emergence of Crime of Speculation has profound social background and reflects the selection of value.And to be a crime of criminal legislation,the full understanding and repeat confirmation of legislation necessity have to be made;therefore Crime of Speculation did not appear overnight,but a result of long-term development.Due to historical reasons,the development of Chinese criminal law in modern time appears two parallel paths: one is the path imitated from the Soviet Union,under the leadership of Chinese Communist Party,from revolutionary war to the establishment of New China,even the period of the reform and opening-up;another is the path in the period of the Republic of China.These two developing paths have their own features and made relevant impact on determining the nature of speculative behavior.However,the legislative guiding ideology of Crime of Speculation relies more on the first path,that is,from imitating from the Soviet Union,revolutionary regime,the foundation of New China to the establishment of Crime of Speculation in 1979.Following this path,first,elaborate the history of Crime of Speculation,discuss on the constitution in detail,and conduct division research on the basis of four elements crime constitution theory;second,approach to the difficult issues of Crime Speculation in judicial practice;third,discuss the measurement of penalty of Crime of Speculation.Measurement of penalty is the emphasis of theory of punishment and an unavoidable issue in the study of criminal law;fourth,discuss the abolition of Crime of Speculation,the reflection on the abolition,reasons of abolition,the ways to abolish and the reference significance in theory,where lie the important aspects and significance of this study.Last but not the least,expound the replacement of Crime of Speculation.The way to abolish the Crime of Speculation is rather special,which indicates that the content regulated by Crime of Speculation does not completely lose meaning.Distinct the regulated content according to degree and then both new criminal code charges and means of administrative management,which are in progressive criminal legislation and full of distinct characteristics of times,can be used to regulate the irregular economic behavior which can animate market economy and guarantee its orderly development.