Equal Protection in Criminal Law for Non-Public Ownership Economy from Constitutional View
|School||China Youth Political College|
|Keywords||Equality Non-public economy Criminal Law Protection Protection of the Constitution|
Equality contains a phase gay and differences, the law of the principle of equality contains the same situation treated equally and different treated differently. The criminal law principle of equality primarily reflected in the same kind of crime impose the same punishment, and similar to the same law profit to give equal protection. The constitution of our country from the normative level stipulated the non-public sectors of the economy is not in the "supplementary" status of subsidiary economic form, but with the public sector of the economy in the equal legal status. But our country criminal law on non-public economy is obvious discrimination, mainly displays in the non-public sectors of the economy the lack of protection, subject of crime and punishment of the difference between, etc. Our country should adopt the method of balance principle, the construction of the criminal law on the public sector of the economy and the non-public sector of the economy of the equal protection of criminal law, everyone is equal before the principles to make the new interpretation, and modify the relevant provisions.