Discussion The Light Punishiment For Economic Crime

After the founding of New China, China has been Economic Reform, economic relations under the conditions of Market Economy has been rapid liberated, and the economic booming. However, profit-driven nature of the human decide that undermine socialist economic order offenses frequently and inevitable. Intensified economic crimes caused people’s normal social and economic life great threat and destruction, urged citizens to reinforce the penalties for economic crimes, coupled with we have the tradition of advocating Severe punishment. So the legislators formulate a large number of Severe punishment, the judiciary also use severe and quick punishment. China’s current penal system is based on the free exercise of the center, select the appropriate property penalty, this in itself ignores Human Rights protection and lack of rationality for dealing with new forms of Economic Crimes, which can not function correctly to prevent and punish the crime, can not effectively curb the momentum of Economic Crime, while greatly waste a lot of judicial resources. View from Economic Crime itself: Menthods and intelligence, and against the socialist market economic order, that is different from the general violent and personal dangerousness crime, so the Economic Crime belongs to Legal made and have higher moral tolerant. On the other hand, from the point of the causes of Economic Crime, the causes more complex than other crimes, in addition to its own reasons, but also have social causes. Therefore, legislators and the judiciary indiscriminate to provish and applicate severe punishiment will directly devalue the deterrent of penalties and the beneficial result of penalties, which is unable to effectively curb Economic Crimef undamentally.This article based on the discuss of economic crime’s causes and own characteristics, explore how to properly set up the Penalty to achieve Light punishment. Paper is divided into four parts:The main contents of the first section is separately elaborate the concept of Economic Crime and Light Punishment. First, overview the development process of Economic Crime, analysis it’s nature and scope, and describes the Economic Crime in our country’s legislative history. Then analysis the concept, nature and scope of Light Punishment.The second part is to introduce the current situation of China’s Economic Crime’s Severe punishment. Through legislation, justice, enforcement this three aspects to expose Severe punishment of Economic Crime, explore the ideological roots and social foundations of severe punishment, and further analysis the jeopardize it has brought.The main content of the third part is to explore why the country should carry out Light Punishment of Economic Crime. First, examine the light punishment of economic crime’s theory, then based on Economic Crime’s own characteristics, causes and market economy’s development to expounded why China should implement light punishment of economic crime.The fourth part is main to explore how to implement the light punishment of Economic Crime. First, abandon the concept of " penalty is all-powerful" to establish a scientific concept of punishment. Then perfect the Penalty system, strictly limit the death penalty, improve the Freedom penalty and Non-custodial penalty to achieve Light punishment of Economic Crime.