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The essence of crime is that legal benefits are violated，Connotation of economic order abstraction，Lord of value and interest，Not a specific legal interest。Therefore，"Outlook for order and interest" is often difficult to give play to the criteria of criticism and criminal reduction function of the system of legal interests，And it is easy to cause economic crime pocketization、Forming phenomenon。For this，It is necessary to combine the legislative performance of economic criminal law under the "order of order and interest"，Reflection of its dilemma in legislation and judicial，Breakthrough and transcendence of order of interest and interests through the dual dimension of theory and reality，Realization of legal benefits as the function of restricting penaltability standards。

　　Connotation and performance

The starting point and guidance thought of the formation of the law for the formation of crime composition，It determines the penalty boundary of the crime。In other words，French benefits is a substantial reason for criminal punishment for criminal punishment。Under the context of the "order of order"，The focus of the criminal law is to regulate the dislocated behavior of destroying the order of the market economy。The illegal violation of order or simply obedience to administrative regulations as the connotation of the connotation as a substantial illegal is the meaning of the "order of order and interest"。Back to the legislative process of my country's economic criminal law，All reflects the thinking concept of "order of order and interest"。From the beginning of the criminal law in 1979 to the comprehensive revision of the criminal law in 1997，Amendment to the Criminal Law of 1997 in the past two decades，Economic criminal law legislation bet365 live casino games in different periods shows obvious tendency to administrative management and control，Specific performance as the following two points。

First, the economic criminal law network is tight。In each economic criminal law legislative activity after the criminal law was issued in 1997，Legislative agencies have always increased more or less crimes of economic crimes，The total number of crimes of economic crimes is therefore continued to grow。Since the new Criminal Code in 1997 came into effect，The legislature has made eleven amendments to it，and issued a amendment to the Criminal Law，Among them, the revision and addition of the crimes of economic criminal law occupy a large proportion。During the legislative process of economic criminal law，Criminal Law involvement in advance often appears，Such as simply deceiving bills and guarantee behaviors has not been stipulated as administrative violations，But "Criminal Law Amendment (Six)" directly adds it to the "deception of the bill of receipt of the bill、Financial Ticket Crime "，As one of Article 175 of the Criminal Law。

The second is to adjust the constituent elements of some crimes，The scope of regulation of expanding the crime of economic。During the previous amendment of the Criminal Law in 1997，The expansion of the regulatory scope of economic criminal law is also manifested as the scope of regulation of the existing charges of the legislature。For details，The legislature organ has set up new crimes、Expand behavior subject、Add behavioral method、Expand behavior objects、Reduce the adjustment of the constituent elements of the crimes，Incorporate more economic disorders into its regulatory range。For example, the "Criminal Law Amendment (1)" Article 5 of the futures transaction is newly added to the type of securities transaction behavior in the crime of fabrication and dissemination of the false information of securities transactions，Bet365 app download Method of the crime of enriching and spreading the crime of false information trading in securities transactions。The constituent elements of these crimes are adjusted，The legislature is "hidden" to expand its regulatory scope on the basis of not increasing crimes。Therefore，Economic Criminal Law Regulatory Model shows unilateral protectionist positions as a whole，Emphasize the legislative control of economic order and its management subject，This is the characteristic of the "order of order" in specific practice。

　　Disputes and difficulties

"Order and Dharma Concept" is the mainstream view of the current academic community，But because the connotation of order is unclear，It is also facing too abstract difficulties。Under the background of orderly control of economic criminal law，Economic freedom can only be retreated after order management and control，Formation of order preferred、Criminal Law protection mode of freedom。But，With the gradual improvement of my country's socialist market economy system，The "Outlook on Order Law" in traditional economic criminal law is gradually difficult to meet the needs of the market economy deepening。Under the value positioning of the "order of order"，China Economic Criminal Law is facing many difficulties。

First, the connotation of economic order is unclear，Crime standards blur。Whether the behavior destroys the economic order as the criterion for crime，It means that most criminal acts are just dissatisfaction with national economic administrative regulations，In the logic of "Third Paragraphs of Justice", it often causes the problem of unclear prerequisites。If the legislators in the crime of illegal business adopt a blank guilt，and through a single criminal law、Amendments to the Criminal Law and judicial interpretation of the type of behavior of "seriously damaging the market economy order" specific provisions。But "Although the regulations bet365 Play online games are more，The composition of illegal business crime not only does not gradually be clear，It is increasingly blurred "。Facing those loans in P2P online、New Internet financial criminal behavior in the fields of "Routine Loan"，Legislative agencies have to revise the law frequently to meet the standards of maintaining normal economic order，damage the integrity of the Criminal Code and weaken the authority of the Criminal Code。

The second is the "general order" of the legal orientation of the legal and interest，Make Economic Criminal Law Legal Legal Question、symbolization、Pocketization and other problems。During the legislative process of economic criminal law，Civil and Commercial Law appeared、Economic Law、Administrative Law and other front laws have not yet been corresponding to the corresponding provisions，Criminal Law involved in advance to directly specify it as a crime，For example, the new "Criminal Law Amendment (Six)" newly added "Fraud and Paper Package、Financial Ticket Crime "。and those minor economic crimes，If the registered capital crime is false、false capital、Criminal behavior that loses social foundations such as the crime of trustee property，They are less or even not applicable。If these punishment regulations do not have effectiveness and do not exist in legal and benefits，Then it can not play a role in preventing ordinary people who have not crime，At this time, the criminal law only meets the needs of administrative governance。Pocketization of economic prisoners is also more serious，Representative pocket crimes in the current criminal law include the crime of illegal business and destruction of production operations。Reason for the reason，The composition of economic crimes depends on administrative regulations and administrative tailors，There is a lack of specific legal and benefits，Criminal Law even fully belongs to administrative law。

　　Turn and breakthrough

In the doctrine of criminal Bet365 app download law，Dual features of the legal and interest itself have system criticism and constituent requirements。Pursuing the "formality" of crime and punishment in the interests of overall order，Ignore specific legal and benefits，It may lead to the lack of "substantial" justice，Basic functions that are difficult to realize legal benefits。The traditional "order of order and interest" can no longer adapt to the development of the current social ecology and the adjustment of the national economic model。That's why，The key to the steering of legislative concept and judicial practice of economic criminal law lies in the concept of reshaping the legal benefits，Limit the legal orientation of "pan -order"。

First，The concept of law and interest can be referred to the interests of the interests of interests in the European Criminal Law，Shin from order to interests。The connotation of interests is mainly interpreted as economic freedom，Specific to the field of economic criminal law，Economic freedom refers to whether market participants participate in economic activities and choose freedom to participate in economic transaction methods，and can be specific in the case。Economic freedom is both the premise of market entities participating in economic activities，At the same time, the inherent requirements of the concept of guarantee criminal law。In the future，The legal benefit of economic freedom as the economic criminal law is theoretical and realistic rationality。

Next，In the interpretation of the criminal law, the degradation of legal benefits through standardizing the purpose of protecting the purpose of the protection of legal benefits。Specific protection purpose belongs to a value judgment，It emphasizes the specific degree and scope of the benefits of the protection of the legal benefits。French interests in economic criminal law often can only form the scope of the legislative article in form，But it is difficult to determine whether the specific behavior method Bet365 lotto review of the violation of the law and interests belongs to the type of law and interests，Regulating the purpose of protection can be substantially defined on the code specification。For example, crime of illegal business，Must be based on society、Systemic changes in the economy and the rule of law，Carry out a comprehensive measure of its business behavior。Whether the business behavior meets the purpose of the criminal regulation system in a specific context，and analyze whether the purpose of the administrative regulations system and the purpose of the criminal law are synthesized。The "thinness of legal and benefits" of the economic criminal law determines that the need to interpret the purpose of economic criminal behavior，The trend of continuous expansion of pocket crimes。

Last，Construction of the "de -guilty" mechanism，Solve the problem of legislation virtual。In the current regulation of economic criminal law，Some economic crimes have gradually lost actual conditions and values。For example，For those minor economic criminal acts and the crime of high -profit transfer，Forgery、STD stock、Company、Corporate bond crime，false capital、Acts such as the crime of escape capital violations of financial order，You can no longer deal with criminal behavior through the crime mechanism。

In short，In the context of deepening the reform of the economic system，Economic criminal law needs to adapt to the change of economic structure and social structure，Similarly，French benefits also have the ability to adapt to the development of the times。In the development of the overall law order，Not only must you innovate the concept of legal and interest，It is also necessary to regulate the protection purpose of economic criminal law with dual attributes of administrative law and criminal law，and solve the problem of legislative virtuality in the "de -guilty" method。Although in a substantial point of view，"Interest of interests" bet365 live casino games and the purpose of standardizing protection still have certain abstraction and subjectivity，But from the perspective of the referee results，This method is to show social justice、Reach judicial consensus、Shaping and strengthening the awareness of the law and regulation has a positive effect。

　　(Author Unit: School of Criminal Justice at Zhongnan University of Economics and Law)