论刑法对非公有制经济的不平等保护

摘要

中国刑法中存在一系列根据所有制形式定罪量刑的不平等现象.重视公有制经济、轻视非公有制经济是其中突出的表现,具体反映在:侵犯国有经济利益为罪,侵犯非国有经济利益不为罪;侵犯国有经济利益易入罪,侵犯非国有经济利益难入罪;侵犯国有经济利益罪重,侵犯非国有经济利益罪轻;侵犯国有经济利益从重量刑,侵犯非国有经济利益从宽量刑.这严重违背刑法的平等原则,也不利于市场经济的健康发展.%There are inequalities of conviction and sentencing according to the form of ownership in China's criminal law.The prominent reflection is to give more importance to public economy than non-public economy.Specifically, it is very different between infringing state-owned economic interests and infringing non-state-owned economic interests.The former might be a crime, but the latter might be innocent.The former might constitute a crime more easily than the latter.The former might constitute a more serious crime than the latter.The former might get a heavy sentencing but the latter might get a light one.It's serious violation of the principle of equality in criminal law.In the meanwhile, it's an obstacle to the development of market economy.