Research On Criminal Law Protection Of Private Economy

Since China's accession to the WTO,the research on the protection of private eco nomy has become more and more popular.This paper focuses on the definition of priv ate economy,the development of legislation,the legislative and judicial status of crim inal law,and puts forward the path to improve the protection of criminal law in the fut ure.Specifically,this paper is divided into the following four parts:The first part of the private economy and the private economy,the non-public econom y,the theoretical analysis of the definition of the private economy and the difference b etween the private economy and the other two and the relationship between the constit ution,criminal law on the protection and development of the private economy to do a brief comb.The second part mainly discusses the problems existing in the criminal law prote ction of private economy.Starting from the two aspects of criminal legislation and just ice,this paper points out that,in criminal legislation,the concept of valuing the public over the private,the tendency of imputation only in property and identity,the different setting of crime and punishment,the lack of concept and law enforcement in criminal justice.The third part mainly analyzes the legislative and judicial issues.Combined with the old legislative ideas and the existing judicial cases,combined with the current poli cy dynamics and social status quo,this paper explains the causes of the current legisla tive and judicial status of the wrong understanding,legislative lag,concept disconnect ion and individual interpretation.The fourth part puts forward the path to improve the protection of criminal law o f private economy.At the level of legislation,we need to change the concept of crimin al law of economic protection in the new era,adjust the general provisions of criminal law,and refine the specific charges;at the judicial level,we need to strengthen the co nstruction of judicial team,strictly judge the evidence,and use the clauses carefully.In the fifth part,from the perspective of criminal risk prevention of private enterp rises,it is proposed that,at the enterprise level,a compliance system should be establi shed to take compliance into consideration in order to realize the integration of crimin al law protection of private economy in the future.