A Study On The Interpretation Of The Miscellaneous Provisions In The Economic Criminal Law

There are a large number of miscellaneous provisions in the Criminal Code, ofwhich the most controversial type is behavior-based miscellaneous provisions. Thereis the largest number of behavior-based miscellaneous provisions in the Criminal LawChapter III. At the same time, under such structure of provisions as "section","clause"and "item", there is a class devoting to reveal all the details of the provisions ofcriminal behavior. In other words, certain provisions in the Criminal Code provide forthe situations that committing the crime "in other behaviors or means". All kind of thesituations also exist in the Criminal Law Chapter III.On the surface, the probability and uncertainty of miscellaneous provisions in theEconomic Criminal law are contrary to the principle of the explicit requirements ofthe principle of legality. However, from the perspective of technical and economiccrime criminal legislation, it is rational and scientific to set miscellaneous provisionsin the Economic Criminal law. But we still can not avoid the risk of randominterpretation of judiciary which results from the probability and fuzziness ofmiscellaneous provisions. Therefore, it is important to explore the interpretation ofcriminal law deeply and establish a set of rules of interpretation to the miscellaneousprovisions in the Economic Criminal law. The article is divided into four sections todiscuss the topic: The first part concludes the basic concept of miscellaneous provisions and itsspecific manifestations in the Criminal Code by studying the basic theory ofmiscellaneous provisions in academia. The miscellaneous provisions are the generalprovisions which have the function of preventing the evasion of criminal liability. Themiscellaneous provisions can be divided into the general principles of Criminal Lawand the fallback provisions in the Criminal Law. The miscellaneous provisions inCriminal Law of the fallback provisions can be further divided into the type ofsubjective-guilt provision, actors-provision, behavior objective provision, behaviorbased provision and behavioral consequences provision.The second part discusses and explains the science and rationality of theexistence of miscellaneous provisions in Criminal Law from the perspective oftechnical and economic crime criminal legislation. In order to avoid a criminalindictment legislative representation and other technical specifications caused by legalloophole, legislators established miscellaneous provisions in Criminal Law.Meanwhile, based on the characteristics of occurrence in specific field, the features ofthe criminal law and the features of double illegality, it is a reasonable choice to set anumber of miscellaneous provisions in the Criminal Code to prevent the occurrence ofrigid economic crime criminal law texts, lack of energy and the tensions between thestructural stability of the criminal law and the changing social realities.The third part establishes a set of specific rules of interpretation of miscellaneousprovisions in Criminal Law from the perspective of criminal law interpretation. In theprocess of interpretation, the approach of system interpretation includes the sameconcept rules, homogeneity rules and referring to the pre-legal norms rules. As themain rule of interpretation, we shall examine the provisions through homogeneityrules. Specifically, as the objects of evaluation through miscellaneous provisions inthe Criminal Code, this type of behaviors should have the same basic elements andfeatures of Elements of the type of behaviors which clearly defined in the CriminalCode.The fourth part inspects the rules from the perspective of judicial practice. In thefield of judicial interpretation, the Supreme People’s Court and the Supreme People’s Procuratorate issued the "Interpretations on handling Criminal Cases in which crimesprejudice the prevention and control hazards such as bursting infectious diseases".The interpretations put the behaviors that violate the law relevant to the marketmanagement and price management which will result in price growth and profit to thescope of regulation of illegal business. The interpretations are contrary to the rules ofhomogeneity interpretation. In the field of jurisprudence, Wang Jianzhong’s behaviorthat occurred in the stock market does not meet the basic elements and features ofexpress type of behavior of stock market manipulation crime. Therefore, the judge cannot apply to the miscellaneous provisions of securities market manipulation crime.For such a behavior of capital manipulation, we can improve the provisions by theway of legislative interpretations.