The Fair Value of Criminal Law Protection of Private Economy and its Realization
Improving the property rights protection system with equity as the core principle is the internal requirement and legal guarantee for strengthening the development of private economy.There are differences in the meaning of fairness,equality and justice,and the legal protection of private economy needs to establish fair values that meet the needs of market economy development.China's criminal legislation has long consisted of the problem of differentiated protection of different ownership economies,and the amendment of criminal law gradually tends to equalize the protection of private economy and state-owned economy,but there are also equal but unfair phenomena and problems.To protect the development of private economy,the criminal law needs to strengthen the concept of substantive justice and overcome the defect of equal protection,so as to realize the unity of formal justice and substantive justice.Formal fairness requires equal legal status of different ownership entities,fair protection of private enterprise property rights and effective protection of private entrepreneurs'rights and interests.Substantive fairness requires the judicial organs to give different treatments of conviction and punishment according to different ownership subjects.In the process of criminalizing breach of trust by internal personnel in private enterprises,the scope of crime should be limited by substantive interpretation.In addition,in the process of implementing the policy of"investigating bribe-taking and bribery together"for corruption crimes involving private enterprises,it is also necessary to uphold the concept of substantive fairness,avoid equal penalties,and truly realize the fairness and justice of criminal law.
private economycriminal law protectionfair valuesubstantive equity
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