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Shi Yan-an : How to Use Criminal Punishment on the Act of Violating Economic Regulation

Abstract: In China, there are two main punishments by the state: administrative penalty and criminal penalty. Accordingly, punishments on individuals violating economic regulation constitute a penalty system of duality. In current practice, it is indeed a rather tough legal issue how to distinguish economic crimes from economic administrative violation. Referring to the theory of regulation, economic crimes can be divided into two categories: purely regulatory crimes and mixed regulatory crimes. Both of them violate the legal orders formed by the regulation of the state on economic acts, and the latter also violates individual rights. Under the current framework of legal system, upmost vigilance and prudence is required to provide a new article in criminal code on violating the economic regulation, as such behaviors can be punished by administrative penalty. For those provisions already in criminal code, they should be applied with cautiousness by using teleological method of interpretation.

Key words: purely regulatory crimes; economic crimes; unlawful business operation; teleological method of interpretation

(Editor: Liu Xiaoling)

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