经济刑法规范适用原论 (Law Press.China) (Chinese Edition) Book PDF, ePub eBook

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Book Descriptions:
本书在对经济刑法的规范结构进行解构的基础上，对经济刑法适用方法进行全面解读。由于非刑事法律与刑事法律规范之间的冲突，导致了经济刑法规范适用存在着一定的困难。书中提出，经济刑法中的违法性并不单纯为刑法的相应条款所决定，也可以为其他立法以及立法以外的法律渊源所决定。因此，经济刑法的适用应注意经济刑法双重违法性的特征；对于经济刑法适用中的民刑关系，应基于缓和违法性一元论立场，判断行为是否具备刑事违法性时，既应当立足与刑法文本，也应当从全体部门法的立场予以考察。此外，经济刑法渊源的多元化，为行政权对司法权的侵蚀、司法权对立法权的篡夺等权利错位留下了空间。经济刑法的规范适用应在坚持罪刑法定原则的前提下，对低位阶的非刑事规范进行合宪性审查。本书针对民刑冲突情况下的法律适用选择、违法性的宪法审查判断规则提出了可行方案，具有理论创新意义和实践价值。

On the basis of deconstructing the structure of norms in the economic criminal law, this book gives an all-round analysis of applicable methods of the economic criminal law. Because of the contradictions between the criminal law and non-criminal law, the norms of economic criminal law are difficult to implement. In this book, the author puts forward the opinion that the illegality in economic criminal law is not only determined by the corresponding clauses in the criminal law, but can also be determined by other legislation and sources of law. Therefore, we should pay attention to the characteristic of dual illegality when applying the economic criminal law; judge the civil and criminal relationship on the basis of ease illegality monism; and judge whether the activities are criminally illegal basing both on the criminal law, and the standpoint of all the department law. Moreover, the pluralism of the economic criminal law also allows the illegal use of authority like the erosion of executive power towards judicial power, and the usurpation of judicial power towards legislative power. The application of norms of the economic criminal law should be conducted after the constitutional review of low ranking non-criminal norms on the principle of legality. This book gives feasible solutions on choosing suitable law when there are contradictions between civil and criminal law, and gives suggestions on the constitutional review of illegality. It is of great theoretical creativity and practical value.

经济刑法规范适用原论 (Law Press.China) (Chinese Edition) by 刘 伟

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