The Penalty Allocation Of Economic Crimes In China

Economic crime is criminal behavior which the offender In order to obtain illegal benefits,use the smart,sophisticated concealment of criminal means,against the implementation of society-economic relations,disrupt social economic order.The subject of economic crime is various,the forms and objects is complex,and multiple illegal,the Economic crime is a typical legal offense.In China, this is the three view of the definition of economic crime,the macro economic outlook crime,the concept economic concept of crime and the micro-economic,the micro-economic outlook crime is revealed the essence of economic crime.so, the scope of economic crime is the micro-economic,and think that the scope of economic crime only chapter III of the destruction of the socialist market economic order offense.The penalty allocation of economic crime is the legislative arrangement of various kinds of criminal types(including life punishment, freedom punishment, property punishment, qualification penalty) in the economic crimes by the legislature.and have punishment function, prevention function, deterrence function, transformation and education function.However, the presence of criminal punishment configuration problems.In terms of the natural person economic crime penalty disposition,economic crime death still present in small amounts,but retaining the death penalty does not comply with current international trends penalty,the property punishment is underprivileged,criminal fines and confiscation of property provisions are too general,unlimited fine system applies too broad,cause the judge abuse the discretion,confiscation of property shall not clear,judicial operational difficulties,the lack of qualification penalty,it cause the bad influence on containment and prevention of economic crime.For the unit economic crime penalty disposition,economic crimes unit single species,can not effectively cope with the severe situation of economic crime unit.Throughout the foreign criminal legislation on economic crimes,including civil law and common law countries,the death penalty does not apply to economic crime basically,the penalty in these countries focus on property qualifications and criminal punishment,deposit universally applicable as a principal penalty,specific types and variety of qualification penalty,generally present as an additional punishment,many countries also configure the unit crime punishment qualifications.In view of the economic crimes punishment configuration problems,starting from our actual conditions,combined with outstanding foreign legislation,we made the following recommendations to improve aspects,In terms of the natural person economic crime penalty disposition,we should abolish the death penalty of economic crimes,perfection applicable property punishment,unlimited fine system to narrow the scope of application,introduction date amount fine system,perfect natural qualification penalty,addition prohibited from engaging in certain occupations and so on.For the unit economic crime penalty disposition,we should perfect unit crime punishment,Add the unit of qualification punishment and so on.