Research on Corporate Economic Crimes

Author: Feng Zhonghua
Publisher:
Publish Date: 2005-03-01
Features: The socialist market economy is an open, competitive, and credit-based economy, and more importantly, a rule-of-law economy. "Without rules, there can be no order." The socialist market economy must rely on the regulation, standardization, and safeguarding of the legal system, which is an inherent requirement of the market economy. Only with comprehensive laws, regulations, and market rules can people be guided to engage in economic activities on the right track, ensuring that natural and legal persons involved in economic activities become independent and fully equal market entities. Only then can market entities with full capacity for action and responsibility be held accountable for the consequences of their actions. Only then can legitimate activities be protected, illegal acts be punished, and crimes be cracked down on, thereby avoiding irregularities, inequalities, and unfairness in economic activities. As an important member of market economy entities, companies play a significant role in the socialist market economy and are crucial to the development of Chinese society. Companies are not only the main driving force behind national economic growth but also a vital guarantee for social stability in modern society. Currently, China is in the transition period of the socialist market economy, characterized by market irregularities and intense competition. Coupled with various factors at the social, economic, and corporate levels, illegal activities by companies are on the rise, severely threatening China's social and economic order. Although Chinese legislation has long stipulated company crimes, due to weak theoretical research, judicial practice in handling company crimes remains challenging. As a result, economic crimes committed by companies have become an urgent research topic in the current context. The book Research on Company Economic Crimes, edited by Feng Zhonghua, President of Henan Procuratorial Vocational College, is undoubtedly one of the works that fill this gap in the field. Upon reviewing the book, several distinctive features stand out:
Novelty. This is the first impression the book Research on Company Economic Crimes gives. First, the perspective is novel. Economic crimes have been a hot topic in criminal law theory for years, yielding certain achievements. However, most existing research has been limited to the study of economic crimes as a whole or their intrinsic aspects. In contrast, Research on Company Economic Crimes examines economic crimes from the perspective of companies, or specifically focuses on company economic crimes, offering a fresh and unique perspective. Second, the viewpoints are novel. This refers to the book's proposal of new solutions to practical judicial challenges in specific economic crimes. Of course, the "novelty" here does not mean being deliberately unconventional but is grounded in theoretical foundations. Third, the structure is novel. The book breaks away from conventional criminal law research methods, adopting a new structure of "Concept—Establishment Standards—Judicial Dilemmas" to study specific company economic crimes. Fourth, the data is novel. Research on Company Economic Crimes incorporates the latest theories, legal provisions, and judicial interpretations related to economic and company crimes, reflecting the newest theoretical achievements and legislative and judicial trends.
Practicality. It is evident that the book aims to address judicial dilemmas in company economic crimes and provide guidance and references for judicial practice. By adopting the structure of "Concept—Establishment Standards—Judicial Dilemmas," the book seeks to focus on practical issues while setting aside purely theoretical topics unrelated to judicial practice or directly solving judicial dilemmas.
Depth. Research on Company Economic Crimes conducts in-depth research on specific judicial dilemmas in economic crimes. For example, in the study of judicial dilemmas related to crimes such as smuggling, obstructing company management order, and endangering tax administration, the author not only addresses practical issues but also delves deeper into theoretical exploration, demonstrating a rich dialectical perspective in the arguments.
Of course, the book also has areas that warrant further research. For instance, the general theoretical research on company economic crimes and the study of specific economic crimes need to be more thorough. Additionally, further research from the company's perspective is necessary in the study of specific economic crimes.
As the ancient saying goes, "Without deep reflection, one cannot achieve great distances." As a seasoned prosecutor and a dedicated scholar in criminal law theory and practice for many years, President Feng Zhonghua has achieved remarkable results in the field of criminal law theory and research. Especially, his focus on company economic crimes directly related to the healthy development of the market economy has led him to organize a group of young criminal law scholars from Henan Procuratorial Vocational College and procuratorial organs to jointly complete this monograph of over 460,000 words. It can be said that this is another innovative research achievement in the field of criminal law in China. The publication of this work has opened up new horizons for the study of new types of crimes in the field of criminal law and has provided forward-looking ideas for future applied research serving the market economy.