宽严相济:中国经济犯罪的控制对策选择

Temper Justice with Mercy:a Countermeasure Controlling China's Economic Crime

刑事政策是国家面对犯罪而作出的公共选择。作为刑法的灵魂,刑事政策不仅能够指导刑事立法,而且是刑法适用的基本准则。就经济犯罪控制对策而言,宽严相济刑事政策的实现首先在于根据社会危害程度对刑法所调控的经济行为进行科学分类,其次在于对危害程度不等的行为选择不同的行政或刑事控制措施。

Criminal policies are the public choices of a country faced with crimes. As the soul of criminal laws, criminal policies can not only guide criminal legislation but also serve as basic norms for the application of criminal laws. As far as the countermeasures of controlling economic crimes are concerned, the implementation of the criminal policy of ＂temper justice with mercy＂ lies in two aspects. First, economic behaviors under the control of criminal law should be properly classified based on their social harms. Second, relevant administrative or criminal adopted for different behaviors according to their social harms.