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A Multi-Dimension Analysis of Legislation Imposing Death Penalty for Economic Crime

Liu Yuan

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Abstract

The concept of economic crime can be used to assess the crime of disrupting the order of market economy while the latter crime represents part of the former, which may further clarify the analysis of law imposing death penalty for economic crime. The essence of existence of death penalty in law for economic crime lies in that the ethics of criminal law is over eroded by politicalisation, which should be imputed to instrumentalism in criminal law, lack of democracy in legislative process, influence of old-generation statesmen’s political emotion and rigid legislative technique copied from codification. It is expected that with reduction of the four factors a change will soon take place in the legislation imposing death penalty for economic crime.

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What this paper is about

The concept of economic crime can be used to assess the crime of disrupting the order of market economy while the latter crime represents part of the former, which may further clarify the analysis of law imposing death penalty for economic crime. The essence of existence of death penalty in law for economic crime lies in that the ethics of criminal law is over eroded by politicalisation, which should be imputed to instrumentalism in criminal law, lack of democracy in legislative process, influence of old-generation statesmen’s political emotion and rigid legislative technique copied from codification. It is expected that with reduction of the four factors a change will soon take place in the legislation imposing death penalty for economic crime.

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Available abstract

The concept of economic crime can be used to assess the crime of disrupting the order of market economy while the latter crime represents part of the former, which may further clarify the analysis of law imposing death penalty for economic crime. The essence of existence of death penalty in law for economic crime lies in that the ethics of criminal law is over eroded by politicalisation, which should be imputed to instrumentalism in criminal law, lack of democracy in legislative process, influence of old-generation statesmen’s political emotion and rigid legislative technique copied from codification. It is expected that with reduction of the four factors a change will soon take place in the legislation imposing death penalty for economic crime.

Key concepts: Legislation, Legislature, Instrumentalism, Criminal law, Law, Politics, Democracy, Political science

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