经济领域犯罪化研究

Research on Criminalization in the Field of Economy

伴随着社会转型,在经济领域出现了大量的违法和犯罪现象。立法者通过犯罪化作业,动用刑法对部分经济不法行为进行制裁,是对社会需求必须作出的回应。然而,围绕经济领域的犯罪化问题,在理论上应当阐明刑法介入经济的根据,在实践上要为犯罪化作业设定相对合理的标准,并以此对经济领域的犯罪化作出必要的限制,以防止过度的、无节制的犯罪化造成对社会和经济发展的损害,同时,也要充分照顾到刑法与民法、行政法等其他法律部门之间的合理分工。

With the transformation of our society, it is inevitable that a lot of illegal acts and phenomena of crime occur. Legislators make criminal laws, by which part of economic illegal acts are punished to respond to the needs of the society. However, as to the crime in the economic fields, reasons should be given why criminal law intervenes economy in theory. Relatively rational standards should be established in the practice through which necessary restrictions are put on criminalization in economic crime to prevent excessive and unlimited criminalization from harming the development of the society and economy. Meanwhile, adequate attention should be paid to the reasonable division between criminal law, civil law and administrative law.