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China’s Criminal Law to Protect Non-public Economy System of Research

Author: CaoYi
Tutor: ZhouShaoYuan
School: Anhui University
Course: Legal
Keywords: criminal law public economy non-public economy protection system
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 12
Quote: 0
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Abstract


The early stage of socialism in our country, the state protects the individual economy, private economy and other non-public economy the legitimate rights and interests. State to encourage, support and guide non-public economic development. But China’s current criminal law to protect non-public economy is non-public economic development status and position in the national economy and the role is not commensurate with China’s criminal law protection of the public economy has a huge gap between the efforts.Based on our current criminal law in order, clear our criminal law to protect non-public economic status, because of our criminal law that the public economy and to protect non-public ownership economy difference, leading to a complicated system of charges and cases under the jurisdiction and surveillance, etc. inconvenience, artificially increased the difficulty of criminal justice and judicial uncertainty. This article from the traditional concept of planned economy, state and national public property and private property relations between the legal system, and the causes of this phenomenon is a comprehensive, multi-angle inspection and analysis.Because the market economy in the economic sense is the rule of law, the national economy must rely on long-term stable and healthy development of a comprehensive legal system, criminal law to protect non-public economy to enhance the strength is to build a just and reasonable law and order, increase social wealth and promote the market economy the main objective of fair competition needs. China’s criminal law should accurately reflect the reform and opening up, China’s basic economic system of profound changes to the Constitution as the fundamental basis, the corresponding extension and refinement, to change China’s current criminal law is unreasonable classification, "the law of making a very clear and popular.", equality of justice for the criminal law to create the conditions, do not reflect the modern rule of law, but also improve our legal system.The legislature should revise and improve the criminal legislation, criminal law on the public economy and changes in non-public economy, unequal protection of the status quo, strengthen the criminal law system of non-public economic development, a clear non-public economy, and declared the independent status of the object of protection given to its integration, simplified charges against the system design to achieve the same economic laws different ownership interests, all to be equal conviction and sentencing, while the right authority in the existing legal framework, should strengthen cooperation and make the interpretation of the law applicable to the work, to achieve maximum equal protection of non-public economy.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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