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随着时代的发展,我国的经济也进入了转型时期。在这一时期我国的经济得到了迅猛发展,由于两种经济制度的新旧交换共同存在,其中的各种观念相互碰撞,从而导致当今经济转型背景下的社会生活中出现了很多变化。由于这些变化导致犯罪量持续上升,尤其是经济型犯罪,而这类犯罪类型也呈现着极其复杂的态势。随着社会的飞速发展和经济的转型使犯罪种类层出不穷,经济类犯罪有着多种原因的同时其侵害的相关法律权益也更具复杂性。因此需要对经济转型背景下的新型经济犯罪刑法进行合理的规制。笔者通过简要分析经济犯罪的经济根源进行分析,进而分析了新型经济犯罪的主要特征,对当下经济犯罪的刑法规制进行相应反思,从而系统性的对经济犯罪刑法进行重新规制。
With the development of the times, China’s economy has also entered a period of transition. During this period, the economy of our country has witnessed rapid development. Due to the coexistence of old and new exchange between the two economic systems, the various concepts in the two systems collide with each other, resulting in many changes in the social life in the current economic restructuring. As these changes have led to a continued rise in crime, especially in the area of economic crime, the types of crimes of this type are also presenting an extremely complex situation. With the rapid development of society and the transformation of economy, the types of crimes emerge one after another. There are many reasons for economic crime and the related legal rights infringement are more complicated. Therefore, it is necessary to carry out reasonable regulation of the criminal law of new economic crimes in the context of economic restructuring. By analyzing the economic causes of economic crimes, the author analyzes the main features of the new type of economic crimes and makes corresponding rethinkings on the criminal laws and regulations of the current economic crimes so as to systematically re-regulate the criminal law of economic crimes.