The Compound Structure-behavior Of Obtaining The Illegal Profit And The Research On How To Criminal Law Evaluate It

The Compound Structure-Behavior of Obtaining the Illegal Profit refers to there are many behaviors that illegally obtain a qualification or status that belong to others,in social life,and then use this qualification and status to continue to obtain benefits.E.g: Actors illegally detained toll collectors on highways to collect tolls for passing vehicles by impersonating toll collectors;Or the general manager of a state-owned company uses his authority to transfer the profitable business of the company to his relatives,and then his relatives make a lot of profits based on the business.Some of this behavior has no effect on the expected return of the victim,while others will cause the loss of the expected return of the victim.The harm of the latter is: This successive composite structural behavior not only violates the victim's right to personal freedom,China's socialist market economic order,the victim's corresponding intellectual property rights,etc.,but also violates the victim's expected return right,which hurts the social value and sentiment.The post-behavior in the composite structure is inseparable from the pre-behavior.And they cause infringement on the legal benefits of the victims' expected benefits jointly,However,China's criminal law does not evaluate the post-behavior as a crime.According to the theory of legal interest protection,only by evaluating the pre-behavior and the post-behavior in the composite structure as a whole can the victims' legal benefits be fully protected;Not only that,according to the crime prevention theory,evaluating The Compound Structure-Behavior of Obtaining the Illegal Profit as a crime is also helpful to prevent this behavior and the crimes committed by the pre-behavior in the composite structure;In addition,the criminal law's evaluation of this behavior can also deter the perpetrators,provide effective protection for the expected return of victims,maintain social and economic order,reduce legislation and judicial costs,and effectively realize the stability and unity of criminal law.Some of The Compound Structure-Behavior of Obtaining the Illegal Profit are very similar to crimes of property(robbery,theft)and corruption.The legal interest of this kind of infringement is consistent with that of property crime;Meet the constituent elements of property crime(The expected return of the victim is a property interest,Some of The Compound Structure-Behavior of Obtaining the Illegal Profit's behavior pattern is the same as that of robbery,theft,and corruption.The perpetrator's illegal profit is a form of proceeds of criminal);It also has the responsibility for an offence.The criminal law can evaluate this part of The Compound Structure-Behavior of Obtaining the Illegal Profit by classifying it as the corresponding property crime and corruption crimepunishment for some of the compound structure-behavior that constitute a crime criminal penalties can be applied as well as non-criminal penalties.When the criminal penalty is measured for the calculation of the amount of illegal gains,the time cost of the post-behavior of the compound structure-behavior cannot be eliminated,and the cost of the money,products,and services paid for the post-behavior must be eliminated.Acts that cannot determine the specific loss of the victim's expected gains can also be punished based on the circumstances.Non-criminal penalties such as admonition,apology,etc.can also be applied to the compound structure-behavior that constitute a crime but have a relatively small plot.Moreover,attention should be paid to the establishment of an independent non-criminal penalty punishment system for economic crimes.In addition,we must be good at using the confiscation system.