Study On The Measure Of Legal Interest In The Criminal Law Protection Of Non-public Economy

The non-public economy has played a great role in promoting the healthy development of the national economy,and the development and prosperity of the national economy put forward a higher level of demand for the criminal law protection of the non-public economy.From the macro perspective,in order to implement the constitution and the major strategic deployment of the party central committee,the rational intervention of the criminal law is needed.The logic and strength of the criminal law protection reflects the official attitude of the state towards the non-public economy and the development level of the socialist rule of law.From the micro perspective,the limits and ways of criminal law protection directly affect the growth of the non-public economy and determine the realistic destiny of each nonpublic economy unit and related individuals.Starting from the practice of criminal law protection in non-public economy,the first part analyzes the existing problems,mainly including three aspects: the concept of equal protection has not been established,it is difficult to accurately identify related crimes,and criminal punishment is too heavy.The second part introduces the general theory of the measure of legal interest,introduces the basic theory from the aspects of the thinking process of the measure of legal interest,the evidence of the measure of legal interest,the reconstruction of the measure of legal interest,and focuses on the measure of legal interest in the theory of criminal law in China.The third part adopts the method of the measure of legal interest and combines with specific cases to construct the train of thought for the accurate determination and reasonable sentencing of economic crimes.The final conclusion is that the realization of accurate conviction and reasonable sentencing of economic crimes is the premise of implementing the concept of equal protection.In the identification of economic crimes should be cautious,in order to avoid the identification of general administrative illegal acts as crimes,criminal judicial personnel must according to the criminal law,the elements of the constitution of economic crimes must be comprehensively investigated,independent judgment.In determining a crime,the following rules should be observed: First,in order to maintain the market order of fair competition,the concept of "equal protection" should be firmly implemented;Second,in order to protect public health,the constitutive elements of economic crime should be substantially explained;Third,in order to improve economic efficiency,the organic unification of legal effect and social effect should be realized.In addition,the economic crime of the sentencing,should adhere to the principle of balance.Pay attention to grasp the characteristics of economic crime,strictly limit the death penalty,as far as possible to reduce the freedom of punishment,more widely applied to property and qualification punishment.