“严打”的法律经济学分析

“严厉打击经济和刑事犯罪”已经成为我国改革开放时期与经济建设紧密相联的重要刑事政策。笔者在充分肯定“严打”的历史必然性与现实有效性的基础上,尝试运用实证分析与规范分析相结合、刑罚效率观与刑法正义观相结合的方法,侧重研究“严打”中出现的诸多问题。进而认为,站在把我国建成“社会主义法制国家”的战略高度,“严打”应该随着现代法制系统结构的建立而逐步退出历史舞台

Analysis of Legal Economics on "Yanda

Yanda"(severely punish economic crime and criminal offence), Which is hooked with economic construction during the period of reformation and opening, has been a significant criminal policy. The author fully recognized the historical necessity and realitic effectiveness of "Yanda" tries to apply the method which pays attention to both positive analyse and normative analyse, both legal conception of benefit and legal conception of justice. The author emphesized the study of the lacks of "Yanda" and then believes that "Yanda" should gradually vanish from the stage of History with the amendment of Criminal Code and establishment of modern Law system structure.