| The criminal law laid down in 1997 in our country has not changed its characteristics that it’s severe but not strict in the overall structure.In 2006,the state proposed the criminal policy of tempering justice with mercy instead of severe punishment since the1980 s.However,the penalty structure of economic crime in the current criminal law of our country is still characterized by heavy sentence,which is deviated from the world trend of the development of criminal law.Tolerance nature as an attribute of criminal law in criminal law,a kind of spirit,essentially reflects a cautious punishment thought,can and should be used as a principle or criminal legislation,the judicial value target,the author intends to explore the historical evolvement of economic austerity of criminal law thinking,on the basis of trying to clear economic austerity of criminal law value implication.On the basis of the current economic criminal law and the non-modesty of punishment,this paper analyzes the social foundation and its practical significance of the modesty of economic criminal law in China.Finally based on the analysis of the continental law system and Anglo-American law system and economic tolerance nature the realization path of criminal law in economic criminal law tolerance under the guidance of the value orientation,to our country’s criminal legislation and judicial discretion has carried on the rational thinking,put forward the decriminalization,the non-penalizationg and light-penalizationg. |
