On The Criminal Law Protection Of Private Enterprises' Property Rights

Personal safety,property protection and the responsibility of the lease are the bases of civilized society.In the market economy,there is no essential distinction in property rights between private enterprises and enterprises of other ownership.So they should be equal protected by criminal law.However,on the protection of private enterprises' property rights, there is an obvious greater protection to public property but not so good protection to private property in China's current criminal law.It mainly shows that the disagreement on the foundation in penalty and crime.It leads to a different judgment of guilty and innocent and different accusation on the same behavior as the existence of different forms of ownership,and leads to different judgment in criminal law.These differences are caused by the logic thinking of the criminal law behind the time,the strong political interference,as well as this bad-considered thinking and specific legislation designment departing from the guiding ideology of the legislation.Little protection of the Criminal Law to the private enterprises' property rights is conducive to the stability and security of the basic order in a socialt,it is conducive to the maturity and development of the market economy,it is conducive to defending the authority of the Constitution and the Criminal Law,and it also artificially increase the difficulty of justice judgment. Strengthening protection of the Criminal Law to the private enterprises' property rights will help to ensure the social basis of a firm order and to promote economic development.In fact,it is characterized by the Criminal Law itself and it is the manifestation of the principle of the law.Especially, it is neccessory for us to connect Chinese laws and international laws.With the step-by-step development of constitution and the private economy, premise and foundation has been laid on providing equal protection of the Criminal Law to the private enterprises' property rights.But it is also necessory to change our attitude and to unite judgment of guilty and innocent to the same behavior,to break different judgment of the crime caused by the various objects.In addition,it is very important to improve jugicial explanation and propaganda on it to strengthen judicial protection to private enterprises.