The Concept Of Modesty And Restraint In The Legislation Of Economic Criminal Law

Since the promulgation of the new criminal law in 1997,economic criminal law has always been the most active part of criminal law legislation.As to the choice of the criminalization and non-criminalization of this legislative status of economic criminal law,and whether it violates the restraint of criminal law,the criminal law scholars have different opinions.How to understand and embody the modesty and restraint of criminal law in economic criminal law is closely related to the different criminal law standpoints of different criminal scholars.As the basic concept of modern criminal law,the modesty and restraint of criminal law has positive and practical significance in restricting the power of punishment,safeguarding market freedom of economic subjects and protecting human rights.Based on the above analysis,this article starts with the legislative practice of economic criminal law,analyzes and expounds the current connotation of moderation and restraint of criminal law in the legislation of economic criminal law,uses the criminalization of criminal law legislation,risk criminal law and responsive jurisprudence to prove the rationality of limited criminalization of legislation choice of economic criminal law in our country.The article consists of introduction,main body and conclusion.The introductory part mainly introduces the background of the topics and the significance of the research.The main body is divided into three chapters.The first chapter is "The Modest Idea of Criminal Law and the Legislation of Economic Criminal Law." It is divided into"The Conception and Development of Modesty ","The Theory of Modesty and The Theory of Economic Criminal Law",and " The Theory of Modesty and The Economic Criminal Law".The first section mainly discusses the theoretical status and basic conception of modesty of criminal law.Because of the traditional theory of criminal law,the theoretical position of the suppression of criminal law is unclear,and we can advocated that the restraint of criminal law is positioned as the basic concept of criminal law.At the same time,in terms of its connotation,it advocates combining the current practice to improve development.The second section focuses on two aspects:the criminalization tendency and non-criminalization tendency of the legislative theory of economic criminal law and introduces whether the legislative theory of economic criminal law violates the conception of modesty and restraint of criminal law.The third section mainly introduces the legislation of economic criminal law and the disputes between criminalization and non-criminalization in the current legislation of economic criminal law in recent years.It introduces whether or not the practice of economic criminal law is contrary to the conception of modesty and restraint of criminal law.The second chapter:"The Modest Demonstration of the Current Economic Criminal Law Legislation",divided into two sections:"Compensation of Economic Criminal Law Legislation" and "Possibility of Economic Criminal Law Legislation Violating the Concept of Modesty of Criminal Law's".By applying the penalties of the criminal law,the analysis analyzes and evaluates two different viewpoints among scholars,argue that the economic criminal law's legislation violates modesty and complies with modesty.The analysis pointed out that the economic and criminal law legislation completely violates the principle of "minimization" and thoroughly violates the restraint of criminal law and then violates the view of the suppression of criminal law,and remains to be further discussed.The third chapter is about "The Reasonable Limit of The Criminalization of The Economic Criminal Law".It is divided into two sections:"Responsive Jurisprudence Theory and Limited Criminalization" and "Understanding the Reasonable Limits of Criminal Jurisdiction in Economic Criminal Law".It specifically demonstrates the limited criminalization of economic criminal law legislation.The first section focuses on the integration of the connotation of responsive legal theory and the purpose of economic criminal law.It also points out that the introduction of limited criminalization may bring about changes in the economic criminal law legislation.In the second section,the issue of the limited criminalization of economic criminal law legislation is carried out through two aspects:the basic principles of limited criminalization and the specific implementation.Under the premise of adhering to the concept of modesty of the criminal law,it advocates the limited criminalization of the area of economic criminal law.Conclusion remarks in the summary of the full text based on the future economic criminal law legislation theory and practice trends.