Study On The Causes Of Decriminalization Of Economic Crimes

The purpose of the thesis is systematic discussion on the theory of the causes of decriminalization of economic crime,interpretation on the side of decriminalization of economic crime judicial conviction,and revealing can’t just blindly consider into the crime in the judicial practice,to ensure the full realization the fairness and justice in the process of judicial cognizance of economic crimes.With the inherent limitations of the various causes of decriminalization of economic crime is closely related to try to through some cause of decriminalization to decriminalize for judicial practice which can’t be in all cases,if to do like this is arbitrary and biased.Be sure to do it for the causes of decriminalization carefully screened,carefully select and apply properly in the judicial practice.If demanding perfection maybe towards the opposite of question,also is not conducive to stop disputes,it is difficult to receive good legal effect and social effect.With the deepening of the research,the author thinks there is a very profound legal theory which is behind the causes of decriminalization of economic crime,in order to see the clue must make in-depth investigation and study on it.At the same time,must pay enough attention to the theories of decriminalization of economic crime,under the guidance of legal theory,and then use specific causes of decriminalization to make the decriminalization judgments.Of course,the theories of decriminalization of economic crime whether or not are directly applied to the decriminalization identification in the judicial practice remains to be further exploration.Currently the criminal judicial practice is mainly depends on the specific causes of decriminalization to make the decriminalization judgments and decriminalize,therefore,directly using the corresponding theories of decriminalization to make the decriminalization judgment at present basically did not see,should focus more on the judgment and use of specific causes of decriminalization.However,from the point of view of development,the theory of the causes of decriminalization of economic crime also won’t be stuck in the past and maintain the present status.Can timely consider gradually realize the causes of decriminalization of economic crime and the theory of decriminalization of economic crime legislative,judicial and Chinese style,follow the scientific ideas of decriminalization,explore the reasonable path of decriminalization,and is applied to the changing tide of the socialist market economy of our country’s,give full play to the protection effect of the legitimate rights and interests of the equality main bodies of market economy and vigorously promote our country socialist market economy safely,healthily and steadily developing.In general,the so-called the causes of decriminalization of economic crime,refers to the particular reasons for economic crime in the criminal justice activities which decided that an economic behavior is not considered a crime or not be given criminal punishment.In judicial practice,both to prevent economic crime subject improper decriminalization with the causes of decriminalization,and to prevent the judicial organs to ignore the causes of decriminalization and do not decriminalize,thus not only is the escort of the socialist market economy,and can reflect the fairness and justice of economic crime judicial.The thesis consists of seven parts:The introduction part,mainly discusses problem introduction,research review,and research framework.The first chapter,the causes of decriminalization and the causes of decriminalization of economic crime.Mainly discusses the general theories of the causes of decriminalization and the particularities and the significance of the research on the causes of decriminalization of economic crime.The former includes what is crime,the concept and types of the causes of decriminalization;the latter contains the concept,types and the particularities and the significance of the causes of decriminalization of economic crime,etc.The second chapter,the theoretical bases of the causes of decriminalization of economic crime.It demonstrates the basic theories mainly from three aspects:the theoretical bases of the causes of decriminalization of economic crime,demonstrating on the theoretical implications and theoretical positioning of the theory of the causes of decriminalization of economic crime.First of all,From the functions of modern economic criminal law,the effects of criminal policies of economic crime and the guidance of the inner requirement of the ideas of decriminalization and the objective need of social and economic development,preliminary discusses on the theoretical bases of the causes of decriminalization of economic crime.Secondly,the basic connotation of the theory of the causes of decriminalization of economic crime in-depth interpretation,systematically discusses of the main points of the theory of resistance illegality decriminalization and the basic position of the theory of resistance liability decriminalization.Thirdly,the comparative analysis on the differences of the theoretical positioning of the theory of the causes of decriminalization of economic crime,on this basis,the basic position of this article is put forward.The third chapter,the judicial application systems of the causes of decriminalization of economic crime.Mainly from the realistic conditions of judicial application,specific paths and limit of the causes of decriminalization of economic crime applies the condition assurances,providing a guideline for the applications of judicial and reasonable paths and border control.The fourth chapter,the empirical researches on the causes of decriminalization of economic crime.The empirical researches mainly from the causes of decriminalization in the criminal legislation and the causes of decriminalization in the criminal justice.First of all,on the basis of the analysis on legislative overview on the causes of decriminalization,to make a comment on the legislative situation of the causes of decriminalization of economic crime.Secondly,for further argument on the criminal justice from the three aspects of the typed inspections is based on the judicial referees,the general situation of the applicable of the causes of decriminalization and the empirical analysis on judicial applications of the causes of decriminalization and so on.Again,sums up the defects and reasons of judicial applications of the causes of decriminalization.The fifth chapter,the improving solutions of the causes of decriminalization of economic crime.On the basis of the preliminary summary analysis on the deficiencies existing and reasons of the causes of decriminalization,mainly from two aspects of the reflection on the theory of the causes of decriminalization of economic crime and the developing and perfecting of the causes of decriminalization of economic crime,aims at the problems such as there may be insufficient in the judicial cognizance,accordingly improve the thinking,so that the causes of decriminalization of economic crime in judicial practice get reasonable development,effectively ensure the causes of decriminalization of economic crime in judicial practice to be applied and be good to follow,and then give full play to the due role of the causes of decriminalization,demonstrate the development of the theory of the causes of decriminalization of economic crime in the future.The conclusion part,the full text summary and points out that the theory of the causes of decriminalization of economic crime is a very important and foundation theoretical problem of economic criminal law,which is causing the extensive concern of academic circles and need make more studied and discussed deeply and in detail;in the process of economic crime in the judicial cognizance judicial authority and judicial personnel must pay attention to the causes of decriminalization of economic crime that is the decriminalization side of conviction,must not adhere to the mind-set of inertia of incrimination,should be constantly in the back and forth between incrimination and decriminalization and take into a detailed comprehensive legal considerations,fully realize the fairness and justice of economic crime in the criminal judicial practice.