经济犯罪非刑罚处罚及程序研究

经济犯罪的特性决定了适用非刑罚处罚可以取得较好的行刑效果与社会反应;我国转型社会中经济犯罪的复杂性又使得其在我国刑法领域率先引入非刑罚处罚方法成为可能。非刑罚处罚,实际上就是不以刑罚来处罚,而是用刑罚以外的替代措施进行处罚,但非刑罚化处罚的社会效果要高于刑罚。从节约司法资源、提高诉讼效率的角度考虑,非刑罚处罚应当贯彻于侦查、起诉和审判三个阶段之中,三种机关都应有权行使相应的非刑罚处罚措施。

Research of Non-penalty Punishment and Its Procedure about Economic Crime

The trait of economic crime decides the application of Non-penalty Punishment can have better execution effects and social reflects. The complexity of economic crime in our reforming society makes it possible to take the initiative, in introducing Non-penalty Punishment in criminal law territory. Non-penalty Punishment, to all intents, is not being punished on the basis of crime but using measures out of criminal punishment instead. And the social effect of Non-penalty Punishment is better than that of criminal punishment. For the popurse of saving judicial resources and enhancing lawsuit effiency, Non-penalty Punishment should be implemented to the stages of investigation, prosecution and trail. All of the three government units should have the power to exercise certain measures corresponding to Non- penalty Punishment.