从自贸区经济法规变迁看经济刑法的稳定性

A Look into the Stability of Economic Criminal Law Based on Transformation of Economic Laws and Regulations in Free Trade Area

上海自贸区成立,推动金融法规变迁,为自贸区经济繁荣敞开法律障碍。金融法规频繁修改在一定程度上影响到经济刑法罪与非罪的问题,也使刑法适用出现错节,影响经济刑罚稳定性。从经济犯罪法律规制的特点出发,结合罪状和法定刑,以本国经济立法习惯为原则,对构建经济刑法时注意问题予以说明,从而避免经济刑法频繁修改。

The establishment of Shanghai Free Trade Area promotes the transformation of financial laws and regulations, opening legal impediments for economic prosperity in Free Trade Area. The frequent modification of financial laws and regulations, to some extent, affects conviction of crime or non-crime by economic criminal law and leads to fault sections in the adaptation of criminal law. greatly affecting the stability of economic criminal law. Starting with the characteristics of economic criminal laws and regulations, combining crimes and legal penalty, and based on the principle of the state＇s legislation practice, the article illustrates matters needing attention for developing economic criminal laws with a view to avoiding frequent modification of financial laws frequent modification of financial laws.