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Judicial Determination of the Amount of Economic Crime

Author: WangQinWu
Tutor: ZhangTianHong
School: Shanxi University
Course: Criminal Law
Keywords: criminal law market economy economic crimes judicialdetermination
CLC: D924.3
Type: Master's thesis
Year: 2013
Downloads: 76
Quote: 0
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Abstract


The implementation of the reform and opening up policy with more than30years has made China’s economy developed more rapidly and achieved gratifying results which can be seen from this economic crisis. China’s comprehensive national strength has a gratifying achievements resulted from our people relying on their own wisdom and sweat and we have a great improvement in the international political and economic status. However, with the development of the market economy, we should note economic crime cases becoming more and more. Criminal law is the last defense line to protect the rights and interests. In terms of national economy, Criminal law is to protect the economy’s smooth, fast and healthy development. We usually refer to economic crimes mainly referring to the provisions on destruction of the socialist market economic order of Chapter III of the Criminal Code. Through summarizing97’s Criminal Code Chapter III and its eight Amendments, the writer finds that economic criminal charges include a total of eight categories of115charges which are the production and sale of shoddy goods crime with a total of9charges, smuggling crime with a total of11charges, prejudice company and corporate management order crime with a total of16charges, destructive financial management order crime with a total of37charges, financial defraud crime with a total of8charges, destroying tax collection crime with a total of13charges, infringing intellectual property crime with a total of8charges, disturbing the market order crime with a total of13charges. Certainly, whether economic crime in the criminal law should be limited to the contents of the third chapter of the criminal law, we need to be a deeper level of analysis. The author believes that the connotation of economic crimes should not be confined to the third chapter named breaking the socialist market economic order. However, we know that any standard can not solve the reality of the criminal division. Therefore, economic crimes should also be included in other chapters such as post embezzlement, misappropriation of funds crime. The author thinks that they should be classified as economic crimes range. With the in-depth development of the socialist market economy, in the field of economy, the new behaviors of damaging socialist market economy will be emerged. Therefore, the economic crimes epitaxial expansion will continue. However, ask for present, the Chapter Ⅲ of the Criminal Code has complex criminal charges which are mainly selective ones. Therefore, there are difficulties in identify of crime and in sentencing. Under the help of tutor and classmates, the writer makes a simple analysis divided into five parts which relates to the amount of economic crimes by a comparative analysis and empirical analysis

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