The Ought-to-be Type of Legal Interests of Economic Order and Its Protection through Criminal Law
It is a congenital defect for the economic criminal law in China to take the economic order as the legal interests to be protected.On one hand,the high-level abstraction and fuzziness of order itself and the residual concept centered on"order management"in China's planned economy period have brought many criticisms to the legal interests of order.On the other hand,the existing prevalent view and criminal-law provisions fail to scientifically and reasonably distinguish different types of economic order and respectively clarify their legitimacy and protection methods.Thus,it is necessary to,in combination of the actual situation of the criminal law of China,under the premise of affirming the value of order as legal interest,divide the legal interests of economic order into recoverable one,irrecoverable one and mixed one.Among them,the recoverable legal interest of order should be centered on the protection of individual legal interest,and the irrecoverable legal interests of order should be divided into state-involved one and the society-involved one,the former having its legitimacy rooted in the constitution,with the national interest as the core,and latter having its legitimacy based on the spontaneous order between the subjects,with the protection of institutional trust as the key.Finally,the individual legal interests,substantive legal interests and the legal interest of order in the mixed legal interest of order enjoy equivalent status,which should be taken into account equally in terms of protection mode.
The Legal Interests of Economic Orderthe Collective Legal Interestthe Mixed Economic Orderthe Categorization-based Protection
万方数据
维普
