新形势下非公市场主体平等保护的刑法思考

Criminal Thinking of Equal Protection on Private Subject in Market under New Condition in China

经过多年的充分发展,我国经济市场发育成熟,市场主体空前多样,大致分为公有制主体和非公有制主体两种,刑法对两种主体在定罪量刑上存在明显的差异,引发人们对刑法平等保护的思考。从法理和市场主体自身分析,差异是对市场主体客观状况的一种反应,它恰恰体现了平等保护的实质内涵,但也不可否认的是应当在现有基础之上,通过对刑法的修订进一步实现对市场主体从形式到实质的平等保护。

With the maturation of Chinese economic market, the diversity of market subjects came into being. Vari-ous subjects can be divided into two types ： public subject and private subject. It is obvious that they were judged by criminal law differently. This gave rise to the theme of “whether it is equal ” According to subject itself and ju-risprudence ,the difference reflects exactly the objective situation about market subjects, it just paraphrases the connotation of equal protection. What we should do is to realize the actual equality resorting to revising the penallawon the basis of existing conditions.