Market Economic Order:The Protection of Legal Interests in Economic Criminal Law
The legal interests in economic criminal law represent a significant theoretical and practical issue in the construction of the economic criminal law system.In recent years,there has been a divergence of opinion within the theoretical community with regard to the legal interests in economic criminal law.In order to gain a full understanding of the protection of legal interests in economic criminal law,it is necessary to analyze this in combination with the background of its emergence.The legal interests positioning of both economic freedom and economic interests effectively reflect a monistic legal interests view that is centered on individual freedom and personal interests.In contemporary society,the monism of legal interests,which is centered on individual freedom and personal interests,has diminished in significance.The field of economic criminal law is concerned with the protection of collective legal interests.Its focus is not on economic freedom or economic interests per se,but rather on the maintenance of market economic order.It can be demonstrated that a market economic order constitutes a protection law interest.Firstly,the development and prosperity of the economy are contingent upon the existence of a stable and sound economic order.The realization of economic freedom and the fulfillment of economic interests are contingent upon the institutional guarantee of economic order.The utilization of criminal law for the purpose of maintaining economic order does not inherently entail a reduction in economic freedom.Economic order and individual economic freedom and development are not mutually exclusive;rather,they are mutually unified and supportive.In other words,economic order is an indispensable external condition for individuals to actualize their economic freedom and pursue their economic interests.In consequence,the legal interest safeguarded by economic criminal law is the market economic order,which inherently encompasses the protection of individual economic freedom and economic interests.Secondly,although the market economy order is a collective legal interest that is inherently abstract,it is nevertheless susceptible to loss and can become a victim object.The conceptualization of economic order as an abstract entity renders its infringement less discernible,and the detrimental impact of a single disruptive action may be relatively minor.However,if left unaddressed,its cumulative impact could precipitate a challenging scenario for the social economy.From the perspective of substantive law,it is not uncommon for criminal law to regard certain systems and the order constructed by the system as the legal interests protected by criminal law.In order to protect legal interests of the market economic order,the legislation on the regulation of economic crime should pay attention to the process of crime.Furthermore,the criminal models of dangerous and cumulative offenses are a legitimate and effective means of addressing these issues.Nevertheless,in order to prevent an excessive shift in the punitive limit,it is also necessary to appropriately limit the scope of punishment for dangerous and cumulative offenses through the subordinate nature of collective legal interest protection in criminal law.In the context of the judiciary,the protection of legal interests by economic criminal law can facilitate the process of substantive identification.It is imperative that the interpretation of the application of criminal law be approached with a clear understanding of its essence and the legal interests it seeks to protect.In instances where the behavior in question does not infringe upon the market economic order,the function of exculpation of legal interests should be invoked.
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