**: Insight economy
On December 2, "Finding the Source of Confidence in China's Economy: Financial China 2023 Annual Conference and the 21st Financial Billboard" was held in Beijing, and Luo Xiang, a professor at China University of Political Science and Law, attended and delivered a speech.
Luo Xiang said that people often confuse a concept, that is, illegal and criminal are two different concepts, or in layman's terms, crime and crime are different.
I would like to ask the friends here, have you ever broken the law?You haven't broken the law?Unlikely, running a red light is a crime. You say that I never run a red light, I will show my tricks, Article 44 of the Education Law stipulates that students should study hard Xi, do you dare to say that you Xi studied hard when you were a student?No way. So delinquency and delinquency are two different concepts. Luo Xiang said.
Luo Xiang pointed out that the most important principle of the Criminal Law is the principle of legality of crimes, and the provisions of the Criminal Law must be clear and must not be ambiguous. "Some places think that the illegal operation in the 'illegal business crime' is equal to 'illegal + business', and there is a question here, what is illegal?Is it non-criminal, non-civil, non-moral, non-natural, or non-self?It is important to define illegality. ”
Luo Xiang further explained that Article 96 of the Criminal Law clearly stipulates that Article 255 of the Criminal Law of China says that the crime of illegal business operation must violate state regulations, and the illegality here must mean violating state regulations. Article 96 of the Criminal Law defines that the level of law violating State regulations is very high, in this case the laws and decisions enacted by the National People's Congress and its Standing Committee, which is the first level. The other is the decision, order, and administrative measure issued by the administrative regulations issued by the first level, which is the first level. If the departmental rules and regulations issued by various ministries and commissions are local regulations, they cannot be used as the basis for invoking the power of punishment, which is clearly stipulated in our criminal law.
He stressed that the lack of security of property rights of private enterprises and the lack of security of life of entrepreneurs are important reasons for the lack of confidence in investment of private enterprises. Therefore, in order to provide a good business environment for the private economy, in fact, it does not need special preferential treatment under the law, but only a fair and just environment under the law. Of course, such a fair and just environment needs the protection of the legal system and the necessary relaxation of restrictions on private enterprises.