吉首大学学报（社会科学版）2025，Vol.46Issue(1)：105-115,11.DOI:10.13438/j.cnki.jdxb.2025.01.010
民营经济的刑法保护:规范演进、现实问题与完善路径
Protection of the Private Economy by Criminal Law:Normative Evolution,Practical Issues,and Paths to Improvement
摘要
Abstract
Private economy is an important component of the socialist market economy and,together with the public ownership economy,it forms the foundation of China's economic and social develop-ment,thus it should be protected by law equally and on the same footing as the public ownership econ-omy.Under the incentive of a series of normative documents from the Party Central Committee,the status of the private economy in the national economy has become increasingly prominent,with rising legal status in the constitution,and the protection of the private economy by criminal law has also changed.Since the reform and opening up,the normative evolution of criminal law protection for the private economy has gone through three stages:severe punishment,differential protection,and equal protection,showing the criminal law's reflection on and response to constitutional changes.However,from the legislative practice of criminal law norms,there are still some problems,for example,the con-cept of equal protection in Criminal Law has not been fully implemented,the scope of protection is in-consistent and the intensity of protection is different.To promote equal protection of the private econ-omy by criminal law,it is necessary to continue to strengthen the concept of equal protection in legisla-tive philosophy,to appropriately promote criminalization in the judiciary,to establish a crime-cen-tered criminalization model,and to expand the scope of protection for the private economy.We should also properly evaluate the infringement of criminal behavior on legal interests,correct the imbalance in the setting of statutory penalties for breach of trust crimes,and increase the punishment for breach of trust crimes.关键词
民营经济/刑法保护/犯罪化/法益侵害/背信犯罪Key words
private economy/protection by criminal law/criminalization/infringement of legal inter-ests/breach of trust crimes分类
政治法律引用本文复制引用
何燕华,张睿琳..民营经济的刑法保护:规范演进、现实问题与完善路径[J].吉首大学学报（社会科学版）,2025,46(1):105-115,11.基金项目
国家社会科学基金项目(23BFX109) （23BFX109）
