The Judicial Regulation Of The Criminal Disposition Of Economic Disputes

In today’s comprehensive promotion of the rule of law,the criminal rule of law is particularly prominent and important,and the criminal disposal of economic disputes is indeed a serious departure from the requirements of the modern criminal rule of law,and its negative impact on the criminal rule of law and related fields is far beyond imagination.The criminal disposal of economic disputes,that is,the criminalization of economic disputes,not only deviates from the modern rule of law,trampling on the principle of statutory penalties,but also deviates from the requirements of the modernization of the national governance system and governance capacity,and is prone to unjust and false cases;not only seriously erodes the authority of the government and the credibility of the judiciary,but also infringes on the legitimate rights and interests of market players,undermines fair competition,healthy and orderly market order,and affects the rule of law to solidify the fundamental,stable and long-term protection role.The role of the guarantee of long-term expectations and benefits.The causes of the criminal handling of economic disputes are the result of a combination of many aspects.The causes of criminal disposition of economic disputes include both substantive law problems and procedural law loopholes.Judicial personnel are influenced by the idea of criminal law dependence,the principle of criminal punishment before the people,and the judicial machinery of criminal machinery in national governance,which leads to deviations in the judicial concept of handling economic dispute cases.Second,administrative and civil judicial means are ineffective,and parties have no way to seek recourse,so they have to seek criminal justice help.The improper influence of extra-judicial resistance on criminal law,improper leadership of cases,public indignation pressure triggered by public opinion,and improper interference by parties have forced judicial organs to carry out criminal handling of economic disputes.The lack of duties of public prosecution and law,the lack of defense functions,and the unreasonable evaluation system of specialized organs for criminal prosecution have exacerbated the problem of criminal handling of economic disputes.In order to curb the emergence of criminal disposal of economic disputes,I believe that we should implement the principle of statutory crime and punishment,the principle of modesty of criminal law,the principle of human rights protection and the principle of diversified means of dispute resolution,effectively establish the modern judicial concept,with the correct judicial concept to guide judicial practice;improve the litigation process,strengthen the gate-keeping at the gates of filing,give full play to the supervision function of the procuratorate,strengthen the role of the public prosecutor and the three organs of the law to restrain each other.Pay attention to the rights of defense attorneys,clarify the division of responsibilities,and guarantee the smooth flow of criminal channels.In addition,strengthen the system to prevent,standardize the standard of evidence,build a reasonable evaluation mechanism for specialized organs of criminal litigation,improve unreasonable index assessment,and encourage enterprises to standardize their own compliance system.