Nine types of economic crimes

Economic crime has the following four remarkable characteristics: any economic crime must have economic content; (2) The subjects of economic crimes can only be state workers, workers of collective economic organizations and other people engaged in public affairs, and the above three types of people do not constitute such crimes; (3) Economic criminals must have obtained illegal material benefits by taking advantage of their positions; (d) Generally speaking, economic crime is a kind of corruption. The specific charges of economic crimes are divided into the following two types: (1) Basic charges: the charges that taking advantage of one's position is a necessary element of a crime, including the crime of corruption and bribery, the crime of misappropriating public funds, and the crime of huge amounts of property with unknown sources; (2) Crime of choice: Although the law does not stipulate that taking advantage of one's position is a certain constituent element, it clearly stipulates that taking advantage of one's position aggravates crimes, including smuggling crimes and profiteering crimes. Some scholars believe that "economic crime refers to an act that occurs in the fields of commodity production, economic circulation, distribution and regulation, consumption and economic management, violates relevant laws and regulations, undermines socialist economic relations and economic order, and seeks illegal economic benefits. If the circumstances are serious, they will be punished. " Economic crime refers to the act of endangering the normal economic order of the country by means of illegal economic management and illegal business activities for the purpose of obtaining huge economic benefits and should be punished according to the criminal law. "[1] Article 13 of the Criminal Law of People's Republic of China (PRC) stipulates:" All acts that endanger national sovereignty, territorial integrity and security, … and other acts that endanger society are crimes that should be punished according to law … "This shows that crimes must have two essential attributes: one is social harmfulness; Second, it should be punished according to law.

Legal basis:

Article 384 of the Criminal Law of People's Republic of China (PRC) * * * State functionaries who take advantage of their positions to misappropriate public funds for personal use to carry out illegal activities, or misappropriate a large amount of public funds for profit, or misappropriate a large amount of public funds for more than three months, are guilty of corruption and are sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever misappropriates a huge amount of public funds and fails to return it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. Whoever misappropriates funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief for personal use shall be given a heavier punishment.