Problems and Countermeasures of China's legislative model of economic crime

摘要

China's legislative model of economic crime has undergone three stages of evolution: from 1949 to 1979 the legislative model was based on the single criminal law and the subsidiary criminal law; next, from 1979 to 1997, the legislative model based on the single criminal law; finally, after 1997, to the legislative model based on the criminal code. There are three key problems in the existing legislative model of economic crime: the form of legislation is too singular and there is no flexibility; the revisions of the criminal code are too frequent; finally, the current situation where the the administrative laws are relatively decentralized, but the criminal law in the case of economic violations and economic crimes is centralized to a problematic degree. The solution to the above problems is to retain the most critical and stable economic crimes in the criminal code; a portion of minor and unstable economic crimes can be transferred to the subsidiary criminal law, maintaining communication between the subsidiary criminal law and the criminal code. Formulating the Law on Violation of Order in appropriate times.