Dilemma and the Source: Criminal Law’s Control of Economic Crimes

China’s Criminal Law faces a delemma in contr olling economic crimes: with the increase of criminal law cost, economic crimes are drastically increasing; because of the serious destructiveness of economic crimes, society requires strengthening market order protection, but the property of market economy requires criminal law to maintain moderation for economic freedom. The source of the delemma lies in two aspects: on one hand, it is the real basis for the extension of criminal law to accelerate the establishment of market rules and enhance the state property protection; on the other hand, the limitation of criminal law intimidation effect on economic crimes and the fundamental moral crisis facing the criminal law restrict the realization of efficiency of the criminal law. Therefore, the legislation should adopt a moderate policy, the judication should enhance the timeliness and unavoidability of criminal penalty , and a credit mechanism should be set up that is compatible with market econom y so as to help the Criminal Law out of its delemma.