Research On The Prevention And Control Of The Risk Of Manufacturing Market Withdrawing From Criminal Law

As the pillar industry of the country,the development of manufacturing industry determines the development direction of market economy.Since the implementation of the national supply side structural reform policy,a large number of manufacturing enterprises have gone bankrupt and liquidated.This is of great significance to "clean up inventory and eliminate backward production capacity",which is the first of the five tasks of supply side structural reform in 2016.The market exit mechanism of manufacturing industry conforms to the government policy of "de capacity and de inventory".With the further implementation of the national policy,the number of cases of manufacturing market withdrawal is increasing year by year.In addition to civil and commercial disputes,manufacturing enterprises,as the main body of market withdrawal,have committed illegal and criminal acts.Although the strength of criminal law in the field of commercial regulation is increasing year by year,there are also insufficient legislation and lax justice.In the process of market exit,the prevention and control of criminal legal risk shows many deficiencies.The insufficient prevention and control of criminal legal risk will seriously affect the efficiency and fairness of market exit,which provides an important opportunity for the research of criminal legal risk prevention and control in the process of market exit.Market exit is a process,from the beginning of manufacturing enterprises entering the market exit procedure to the end of the market exit procedure,it has the characteristics of high time cost and complex internal subjects.The root of all the manufacturing enterprises' going to exit lies in the loss of market competitiveness,inability to adapt to market development and internal management problems,etc.,and going to bankruptcy;on the other hand When the business term expires,the management decides to dissolve the manufacturing enterprise,and finally goes to liquidation.If we want to find out the causes and characteristics of the prevention and control of criminal legal risks in the process of manufacturing market exit,we must select the most representative data to analyze the characteristics on the basis of time,and collect and sort out the data directly related to the criminal illegal behaviors in the process of manufacturing market exit based on the criminal behaviors found in the bankruptcy and liquidation cases of manufacturing industry Starting from the data itself,excluding the disturbing data,and trying to analyze the legal characteristics of the manufacturing industry in China in the process of market withdrawal from different perspectives.Based on the big data analysis of the criminal illegal behavior in the process of manufacturing market exit,the characteristics of the criminal legal risk of manufacturing market exit are extracted from the data,and combined with the actual situation of the judicial environment,many problems in the prevention and control of the criminal legal risk in the process of manufacturing market exit in China are summarized.To study the criminal legal risks in the process of manufacturing market exit,we should not only base on the practical data,but also combine the theoretical research with the practical data.We should not only clearly sort out the process of market exit of enterprises,fully understand the criminal legal risks existing in them,but also firmly grasp the current criminal law on commercial regulation,and pay attention to internal management and external justice.Many small and medium-sized manufacturing enterprises do not have modern enterprise management consciousness,but with the development of the market,such manufacturing enterprises are tired of coping with market changes,and even neglect the management of the enterprise.There are no rules and regulations.Enterprise management is the foundation of long-term development of enterprises.An enterprise without enterprise management consciousness cannot adapt to the market.Therefore,the defects of internal management of enterprises are the root of many legal risks and the fuse of many illegal and criminal acts.However,the prevention and control of manufacturing market's withdrawal from criminal law risk can not completely depend on the internal management of enterprises.As the main body of market transaction,enterprise legal person has the same rights and obligations as natural person.Market transaction needs a fair and just judicial environment.In addition to the continuous improvement of civil relief channels,criminal accountability plays a greater role in the prevention and early warning of criminal legal risks in the process of manufacturing market withdrawal.The regulation of criminal law should not only be limited to the setting and improvement of criminal law provisions,but also in the means of penalty The perfection and innovation of the system is also very important.The criminal law is modest and does not mean that the means of penalty can not be innovated.Because of the particularity of the criminal legal risk in the process of manufacturing market withdrawal,its criminal behavior has the characteristics of concealment and involves a wide range of criminal subjects,but it can not emphasize the severe crackdown on the illegal behavior blindly.In order to punish the crime seriously,it should also consider to play a warning role for other subjects in the market At the same time,give the trading market enough space to develop.To sum up,the study of manufacturing market exit criminal legal risk is different from the simple enterprise criminal legal risk prevention and control,which has both the characteristics of manufacturing industry and the complexity of market exit procedure.We should pay attention to the combination of internal prevention and control and the improvement of external justice,not only from the source of prevention,but also in the process of control.In the process of manufacturing market exit,legal risks always exist.In order to prevent serious and irreversible consequences caused by illegal and criminal acts,the means of prevention and control not only depend on the improvement of internal management system of enterprises,but also on the continuous improvement of external judicial environment,which requires the cooperation of participating enterprises,managers or liquidation groups,courts and procuratorates,Make the market exit procedure of manufacturing enterprises complete smoothly.