经济犯罪出罪事由的法教义学分析

Dogmatics Analysis of Causes of Decriminalization of Economic Crime

面对经济犯罪复杂情况和司法实践严峻形势,亟待对经济犯罪出罪事由理论展开法教义学研究和探讨。经济犯罪出罪事由是指在经济犯罪刑事司法活动中据以判定某一经济行为不认为是犯罪或不予刑事处罚的某种特定事由。根据不同的标准,经济犯罪出罪事由可以划分为基本类型、特有类型、抽象类型、程序类型以及其他类型等五种,并呈现出多样性、零散性、独特性和开放性等鲜明特征。当前,我国经济犯罪出罪事由的司法适用现状并不理想,未能收到应有的出罪实效,急需发展与完善。

Facing the complex situations of economic crimes and the severe situations of judicial practice, we need to give an in - depth doctrinal research and discussion on the causes of decriminalization of economic crime. The causes of decriminalization of economic crime refer to the particular reasons for economic crimes in the crimi- nal justice activities and decide whether an economic behavior is considered as a crime and shall be given criminal punishment or not. According to different standards, the causes can be divided into five categories： basic type, specific type, abstract type, procedural type, and other types, which show distinct features such as diversity, frag- mentation, uniqueness and openness. At present, the judicial application of the crime of economic crime is not i- deal in that it fails to receive the due course of decriminalization, and it is badly needed to develop and improve.