Economic crime refers to the act of seeking illegal interests, violating national economic and administrative regulations and directly endangering national economic management activities in the fields of social and economic production, exchange, distribution and consumption, which is punished according to China's criminal law.
According to the provisions of the criminal law, economic crimes mainly include two types: one is the crime of undermining the socialist economic order stipulated in Chapter III of the Specific Provisions of the Criminal Law of our country; The other is the crime of violating property stipulated in Chapter 5 of the Specific Provisions of the Criminal Law of our country. In addition, some crimes against socialist economic relations stipulated in other chapters of the specific provisions of China's criminal law, such as the crime of manufacturing and selling counterfeit drugs, the crime of drug trafficking, and the crime of accepting bribes, also belong to the category of economic crimes. If subdivided, it can be divided into four types: crime of disrupting the order of socialist market economy, crime of infringing property, crime of corruption and bribery, and other corruption crimes.
Second, charges involving economic crimes.
Corruption, bribery, bribery, misappropriation of public funds, contract fraud, misappropriation of funds, job occupation, illegal absorption of public deposits, fund-raising fraud, illegal business operation, evasion of registered capital, letter of credit fraud, manipulation of securities and futures trading prices, smuggling of ordinary commodities, false advertising, infringement of trade secrets, damage to business reputation and commodity reputation, crime of illegally selling invoices, crime of illegally purchasing special VAT invoices, crime of counterfeiting registered trademarks, Crime of selling goods with counterfeit registered trademarks, crime of illegally manufacturing and selling goods with illegally manufactured registered trademarks, crime of counterfeiting patents, crime of illegally selling special invoices for value-added tax, crime of forging and selling forged special invoices for value-added tax, crime of fraudulently issuing special invoices for value-added tax, crime of defrauding export tax rebates, crime of evading tax payment, crime of resisting tax, insurance fraud, securities fraud, financial voucher fraud, bill fraud, loan fraud, money laundering, evasion of foreign exchange, and illegal acceptance. The crime of paying and guaranteeing bills, illegally issuing financial bills, illegally using off-balance-sheet customers' funds to release loans, illegally issuing loans, illegally issuing loans to related parties, luring investors to buy and sell securities and futures contracts, and fabricating and disseminating securities and futures contracts.
Third, the characteristics of economic crime
Economic crimes have the following characteristics:
1. greed. Most economic crimes are aimed at illegally seeking economic benefits. Criminals embezzle the property of the state, the collective and individual citizens by improper means for their own interests, which damages the interests of legitimate operators and undermines the normal operation order of the market economy.
2. legitimacy. Economic crime is a legal crime, that is, whether the behavior of the actor constitutes a crime is clearly stipulated by law. This is different from ordinary natural crimes, such as murder, rape, robbery, theft and other traditional crimes, and has obvious anti-social nature. People can easily judge by social common sense and ethical norms. The reason why the law declares it a crime is because people have always considered it a crime.
3. Double violation of the law. Economic crime is a crime that violates both national economic management laws and criminal law in the process of economic operation. It not only infringes on the economic interests of the state, the collective and citizens, but also harms the order of the socialist market economy. Traditional crimes only violate criminal law.
4. complex. Because economic crimes occur in the field of market economy operation, compared with other types of crimes, their criminal structure is very complicated. The field of market economy operation is an extremely huge dynamic field, and the complex economic relations formed around the production, exchange, distribution and consumption of commodities are intertwined, covering almost all industries and departments of the national economy. In recent years, with the establishment of China's labor market, financial market, securities and futures market, real estate market, technology market and other specialized markets, the economic activities of market participants have become more diversified. In such a complex economic environment, a large number of various economic crimes breed and spread, showing unprecedented characteristics.
5. intelligence. The perpetrators of economic crimes generally have a high cultural level, and many people even have rich professional knowledge in economy, finance, taxation, trade, accounting or law, and have long-term experience in economic activities. In terms of criminal means, generally do not use violence directly, do not fight with naked fire, and are not aggressive. Criminals often use their own professional knowledge or take advantage of their positions, and after careful consideration and careful planning, they use legal loopholes to obtain illegal economic benefits. Therefore, economic crime is
6. Concealed. Different from traditional crimes, economic crimes do not violate social morality and well-known behavior rules. Their perpetrators are often one of the parties to economic relations, and the criminal means they use are of the nature of economic activities, so their crimes are not easy to be known to the public and their social harm is not easy to be recognized by people.
The above introduces you to what economic crimes include. Economic crimes mainly include two types: one is the crime of undermining the socialist economic order stipulated in Chapter III of the Specific Provisions of China's Criminal Law; The other is the crime of violating property stipulated in Chapter 5 of the Specific Provisions of the Criminal Law of our country.