The general position of the Criminal Law on adjusting the property rights of private enterprise is not to maxi-mize protection,but to minimize intervention.A reasonable interpretation of the provisions of the Amendment Ⅻ of the Crim-inal Law on crimes involving property rights of private enterprise should be based on the essential differences between private property and state-owned property,as well as the criminal justice policy of"prohibiting criminal intervention in civil dis-putes",and establishing the concept of differential equality between public and private sector.In terms of interpretation direc-tion,we should adhere to the exhaustion of pre-law and legal reasoning,and seek the possibility of innocence or misdemeanor as much as possible on the basis of following the principle of legality,so as to shift the criminal law from"expanding punish-ment"to"appropriate punishment"for property rights crimes involving private enterprise.In terms of interpretation methods,we can reasonably continue the key constituent elements of limited penalties such as"taking advantage of one's position"and"causing significant losses to the interests of the company and enterprise",as well as divert heavy general charges to light special charges,thereby the role of criminal law in creating a legal business environment is properly played.
The Amendment Ⅻ of to the Criminal LawCrimes Targeting the Property Rights of Private EnterpriseMinimize InterventionLimitations on Criminal PenaltyDowngraded Evaluation
万方数据
