The Study Of Intervention Of Criminal Law About The Commercial Activity

The tremendous destructiveness of the economic crime demands Criminal Law enforce safeguard for the economic order. But the essence of the market economy also demands Criminal Law obtains mild orientation for free economic order. All makes the situation of nearly twenty years economic crime present a fact to be pondered over: on the one hand, there is an enlarging circle of crime and growing quantity of penalty, but on the other hand, there is a rising wave of economic crime. Facing it, this paper tries to start with the two actual tight spot of combating economic crime, to reinterpret the definition of the economic crime's connotation and extension from the active theory of Criminal Law and actual judicial practice, so as to analyze the foundation of law theory about the cause of incriminating, and to associate with the relating theory of the active system of Economic Criminal Law to define the intervention magnanimity of Criminal Law about the commercial activity. There's no doubt that, in the face of the complicated commercial activity, Criminal Law had to find a balance point between the development of economy and stabilization of society, so as to rationally outspread a tridimensional intervention of Criminal Law about the commercial activity, and further to reconstruct the pattern of crime and penalty about the economic crime.