Discussion on the Mode of Integrated Criminal-and-Civil Penalties on Economic Crimes——From the Perspective of Copyright Related Crimes
Xu Qiyong
Abstract
Xu Qiyong
Abstract
Currently in China,economic crime is reflected in the substantive provisions of the criminal law.Accessory criminal law exists in name only.Criminal norms and standards are in the separation of Civil,commercial and administrative standards which should play prospective fundamental parts.This not only makes frequent changes in criminal law at the expense of the stability of the criminal law,but also makes the criminal standards punch in the fight against illegal activities in the first line of the economy,contrary to the criminal law of the secondary standard attributes.Therefore,economic crime legislation should adopt the accessory criminal law mode in which the combination of civil and criminal law are integrated,and combine the contents of the economic crime together with pre-normative standards.We should adhere to the guiding ideology of regarding criminal law as security act,set the legislative authority according to the constitutional requirements,and coordinate the relationship between the general principles of criminal law and accessory criminal law.
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Currently in China,economic crime is reflected in the substantive provisions of the criminal law.Accessory criminal law exists in name only.Criminal norms and standards are in the separation of Civil,commercial and administrative standards which should play prospective fundamental parts.This not only makes frequent changes in criminal law at the expense of the stability of the criminal law,but also makes the criminal standards punch in the fight against illegal activities in the first line of the economy,contrary to the criminal law of the secondary standard attributes.Therefore,economic crime legislation should adopt the accessory criminal law mode in which the combination of civil and criminal law are integrated,and combine the contents of the economic crime together with pre-normative standards.We should adhere to the guiding ideology of regarding criminal law as security act,set the legislative authority according to the constitutional requirements,and coordinate the relationship between the general principles of criminal law and accessory criminal law.
Key concepts: Criminal law, Law, Civil law (Civil law), Criminal procedure, Political science, Public law, Theory of criminal justice, Legislature