Analysis And Improvement Of Economic Crimepenalty System In China

With the rapid socio-economic development, economic crime also showed hightrend. It has the severe destructive force for establishing and improving the socialistmarket economic system, and also its healthy development. As one of the importantmeans to combat crime, penalties should play its punishing and crime preventionfeatures to combat economic crime and protect the healthy and stable development ofthe economic order. Penalties for economic crimes configuration can’t play theirpublishing and preventing functions completely and can’t achieve the purpose ofpenalty in current criminal law. So it should improve our economic crime penaltysystem. In this thesis, there are four sections to analysis and improve of economic crimepenalty system.The first section focuses on the concept of economic crime. In this part, it will traceback to the source of the concept of economic crime, and then introduce someviewpoints of the concept of economic crime. In this thesis, I will use the narrowconcept; economic crimes are crimes of disrupting the socialist economic order inChapter III of the Criminal Law.The second section will discuss basic theories of penalties for economic crimesconfiguration. To set up the penalty should conform to the purpose of punishment. Thissection will start from retribution and preventionof crimes doctrine and expound theexpecting criminal purpose. To set up penalties should also insist on certain principles.To set up the economic crime penalties should insist on the principle of theresponsibility in accord with crime and the principle of restraining criminal law.The third section will analyze the current system of the economic crime penalty inour criminal law and summarize the characteristic of entirety and each kind of penaltyand then find out defects and reasons.The fourth section will give some suggestions for improving the penalty system ofeconomic crime. Through the above analysis, under the guidance of the slight trend ofpenalty, we willimprove the penalty system of economic crime by the perfection andreconstruction of relationships of each kind of penalty.