On The Protection Under Criminal Law Of China Over Non-public Sector Of The Economy

The non-public sector of the economy plays an increasingly outstanding role inour national economy. The deficiency of protection over it under the Criminal Lawhinders the development of the non-public sector of the economy. In order to protectthe healthy development of it and creat a good legal enviroment for it, we shouldstrenthens the equal protection over non-public sector of the economy by improvingthe legislation of the Criminal Law.This essayis divided into 3 sections.The first section: current deficiency of equal protection over non-public sector ofthe economy. This section states the current situation and development of non-publicsector of the economy in our country in order to review the unequal protection underthe Criminal Law over non-public sector of the economy and analyse its reasons. Thissections includes the following parts:The current situation and development of non-public sector of the economy inour country. The non-public sector of the economy plays an increasingly outstandingpart in our national economy. It is presented by the facts that it becomesoverwhelming in creating social property, providing employment opportunities,increasing taxes and conducting foreign trade.The deficiency of the equal protection under Criminal Law over non-publicsector of the economy. This is presented by the deficiency of its status in Criminal Law and its related accusations and the differnent protection compared withstate-owned economy.The reason for the unequal protection. This is mainly because of the limit oftraditional perception and the lag of Criminal Law.The second section: analysis on the deficiency of the unequal protection underCriminal Law over non-public sector of the economy. It is essential to analyse theeffects of the unequal protection of non-public sector of the economy and thepossibilityand nessecity of the equal protection.The deficiency of equal protection of crimianal law over non-public sector of theeconomy will produce harmful effects on the economic, social and legal development.Thus, it is necessary to provide equal protection to non-public sector of the economy,because it is important for the improvement of the system of socialist market economy,the principle of equality of criminal law and judicial practice.According to our current national conditions, the possibility of equal protectionunder Criminal Law over non-public sector of the economy is available. Because theestablishment of the system of social security, the phenomenon that the decrement ofthe state-owned economy and the increase of the non-public sector of the economy,and the change of status of non-public sector of the economy in Constitution Law andother branches grant the legal possibility of equal protection to the non-public sectorof the economy.The third Section: The ways of equal protection of non-public sector of theeconomy. Based on the first and second sections of this essay, it can be conclued thatthe non-public sector of the economyshould be provided equal protection.This section researchs the legislative perception of equal protection overdifferent subjects in the ownership in UK, Sweden, Switzerland and France,meanwhile, researchs the provisions on encroachment and appropriation whichequally protect the non-public sector of the economyin the Criminal Laws of Sweden,Switzerland, Japan and Holland. All these are thought-provoking in our country. Also,this section provides a brief analysis to the three methods of the possibility of equalprotection under Criminal Law over non-public sector of the economy and concludes that the form of Amendment is a more reasonable way to provide equal protection tothe non-public sector of the economy and the author maks several specific suggestionsfor the improvement of legislation.