The Cause Of Preventing Punishment In Economic

Owing to the timely and effective remedial actions afterwards,the offender shall be convicted and exempted from punishment or shall not be pursued criminal responsibility.This phenomenon is widely seen in the legislation or judicial interpretation of economic crimes such as the crime of illegally absorbing public deposits,the crime of credit card fraud,the crime of refusing to pay labor remuneration and so on.The timely and effective remedial actions in economic crimes are not completely equivalent to the "attitude of penitence" in the traditional theory.The thoroughness of the restoration of legal benefits is different from the reasons for the obstruction of illegality."no criminal responsibility investigation" is also different from "no criminal punishment".The post-recovery behavior in economic crime has the unique theoretical value,which is based on the premise that the legal benefits of economic crime can be recovered.In addition to the introduction,this paper is divided into five parts,about 40,000 words.Chapter one is an overview of the cause of preventing punishment in economic crimes.Firstly,this paper points out that the cause of preventing punishment in economic crimes is different from traditional theories.At present,there is still a lack of systematic theoretical research on this objective situation.Furthermore,the relevant provisions of the current criminal code and judicial interpretation are listed to serve as the clear material basis for the later research on the cause of preventing punishment in economic crimes.Finally,in order to further clarify the concept and research significance of the cause of preventing punishment in economic crimes,the essay compares the differences between the cause of preventing punishment in economic crimes and related concepts.Chapter two,the substantial basis,the establishment conditions of the cause of preventing punishment in economic crimes and the theoretical significance.Firstly,by analyzing the different objective states of different legal interests after being infringed by the crime,this paper points out that there exists the special nature of the recoverable legal interests of economic crimes,that is,the substantial basis for the establishment of the causes for the cause of preventing punishment in economic crimes.Then it summarizes the judgment standard of restorable crime of legal interest.On this basis,we further explore the establishment conditions of the cause of preventing punishment in economic crimes.Finally,the content of the theoretical significance includes three aspects: the cause of preventingpunishment in economic crimes is consistent with the basic position of the criminal law,which is good to the function of criminal law and which is in line with the spirit of the criminal justice policy of combining leniency with severity.Chapter three,the theoretical orientation of the cause of preventing punishment in economic crimes.Thesis on the basis of comprehensive combing literature as much as possible,according to the theory of "the timely and effective recovery behavior whether impact the nature of the crime " the different understandings of the question,summarized for three kinds of theoretical orientation: the first kind is a special discontinuation of crime,mainly according to the theory of special discontinuation of dangerous crimes to suspend the priori,the cause of preventing punishment in economic crimes does not affect the nature of the crime;The second category is that the cause of preventing punishment in economic crimes cancels out the nature of the crime to prevent the establishment of the crime;The third category is the civil law system of individual to remove the cause of punishment,that is,only to prevent the realization of punishment,not to prevent the identification of the nature of the crime.After the introduction and analysis of these three kinds of theories,it is concluded that the reasonable orientation of the cause of preventing punishment in economic is the same as that for the civil law system of individual to remove the cause of punishmentChapter four,the judicial identification and legislative advice on the cause of preventing punishment in economic.There are three controversial issues that may be involved in the judicial determination.First,how to determine the cause of preventing punishment in economic when the crime is intentionally committed and the behavior is intentionally resumed afterwards.The author believes that the determination of t the cause of preventing punishment in economic will not be affected on the premise that the establishment of the crime is not affected.Secondly,whether the indirect consequences are the requirements of the restoration of legal interests,the author believes that the scope of the restoration of legal interests at this time is limited to the direct and inevitable losses within the constitution of the crime;Third,the condition of the cause of preventing punishment in economic in joint crimes,at this time,Its judgment standard is the same as that of suspension of crime.Legislative Suggestions mainly include two aspects: one is the clarity of the legal consequences of the cause of preventing punishment in economic;the other is the legalization of the cause of preventing punishment in economic.