On The Economic Crime Prevention And Legal Regulation

At present, along with the social transformation, China’s economic reform has entered the deep waters, all kinds of economic relations is complicated, the whole social mentality in wandering and hesitation. Market competition main body is not about to get maximum profit as the aim, this easy to cause the economic subject using illegal means to impact fair and healthy competition within the boundaries, hostility, contempt of market rules, damage the overall order of market economy, economic crime generating and spreading. Beneficiaries of economic crime as a type, intelligent and more specific legal identity, the quantity is high, the development situation, social harmfulness is large, therefore, prevent the economic crime and its legal regulation not only for objective necessity, but also conforms to the fundamental value of the market economy demands. Although many scholars on the concept of economic crime definition, but the author believes that economic crime is engaged in economic activities of natural persons and legal persons in the process of economic operation, the implementation of the violation of economic law, infringes upon economic management order and economic coordination, if the circumstances are serious, shall bear criminal responsibility according to law.Modernization, in the process of global economic integration accelerate, many countries in the world have stepped up the attention to economic crime prevention and legal regulation. This paper argues that either from the perspective of criminology and criminal jurisprudence perspective, are framed in economic crimes should not take too much static and isolated within the territory of the theoretical research and development generation, change of economic crimes, trends, laws, and even harmful consequences with the crime due to the economic activities of the time, the scope and content changes the dynamic, divergent, complexity, concealment and internationalism. Besides, economic crime reason is various and complicated, the economic crime prevention of reality and legal regulation should also keep pace with The Times, reflects the diverse features, if overemphasized and superstition economic crime of criminal law regulation of the single method, not only easy to fall into heavy economic crime tendency, the method also violates the crime prevention and control of a comprehensive, systematic, coordination of the law. So, in a variety of social regulation and control means to work together on the basis of the regulation of economic crime in criminal law to control its breadth and depth, and suitability to prove the legitimacy of the regulation. "For social crime prevention, as well as citizens to improve the levels of moral, on crime prevention measures of the reform even a little progress, also higher than publish a complete the effectiveness of the penal code of100times". At present, countries actively take measures to control the generation and development of economic crime, and the western countries in terms of the earlier formed a relatively perfect system of countermeasures. In this paper, the prevention of economic crime and its legal regulation as the center, first analysis the social transformation of the concept of economic crime, characteristics and classification, this paper expounds the development trend of the economic crime and social harm. Secondly, analyzes the social root of such economic crime, from politics, economy, ideology and culture, morals, law, etc. Find out the level of "ACTS is not enough to do", the economic crime prevention requires a variety of social regulation and control means to cooperate with each other. In the end, this paper and corresponding economic social root cause of the crime from the aspects such as politics, economy, ideology and culture, moral targeted economic crime prevention are put forward. More importantly, on the premise of strengthening the multilateral economic crime prevention, to strictly economic criminal law regulation, at the same time from the regulation of criminal law, civil and commercial law in the field of regulation, economic administrative regulation of the legal system and strengthening the construction of the rule of market economy and so on carries on the integrity and systematic reconstruction of legal regulations. So, if the time through multilateral legal regulation system for prevention and reduce the economic crime to the discomfort of the market economy and harm, not only beneficial to condense positive energy in the development of market economy, is beneficial to the virtuous development of the social economic order, still can make the social public to better enjoy the fruits of modern development.