Research On The Legal Interests Of Capital Allocation In Economic Criminal Law

The economic criminal law is not a legal concept but a legal concept in our country,but the frequent occurrence of economic crime makes the economic criminal law a hot research topic.If the criminal law is a legal interests protection law,then the economic criminal law is a superego personal legal interests protection law.The economic criminal law legal interests is the super-personal legal interests has basically reached a consensus,but the super-personal legal interests is different from the traditional criminal infringement.For personal legal interestss,There is no unified opinion on the substantive content of super-personal legal interestss.The discussion of the substantive content of economic and criminal law interestss presents two modes of thinking: abstract and concrete.Based on the principle of legality and humility of criminal law,the economic criminal law legal interests should be more specific legal interests,but the economic criminal law legal interests theory can not only proceed from the single direction of criminal law,but should be returned to the economic field,combined with the economy of criminal behavior.The legal interests of capital allocation is the rational orientation of abstract Super personal legal interests to specific legal interests,and it is also a benign product of two-way interaction between criminal law and economics.The legal interests of capital allocation means that in the normal operation of the economy,capital realizes the expected interestss protected by the law through the allocation of resources.Capital allocation of resources runs through the entire process of economic activities,and any economic behavior inevitably involves capital allocation relations.,Classification of capital can categorize economic crimes.It fully meets the fundamental and substantive requirements of legal interestss;From within the order,the economic order is divided into the order of economic operation and the order of economic administration,which is the prerequisite for the normal operation of the economy,and the objective manifestation of the economic administrative order is the government’s intervention in and management of the economy.The destruction of this order does not necessarily lead to the infringement of legal interestss.The legal interests of capital allocation forms a reasonable economic criminal law system by distinguishing between the typology of economic crimes and the economic order.