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刑法对公有制经济和非公有制经济的保护,在入罪界限、刑事责任承担和刑事司法等方面失之偏颇,存在厚此薄彼的现象,对非公有制经济的保护明显不力,这与经济体制的僵硬性和刑法本身的特性等因素密不可分。在这种情况下,基于市场经济主体平等的需要,以及法的正义、平等、自由等价值的要求,调整刑事政策和完善刑事立法显得尤为必要。
The protection of the public-owned economy and the non-public-owned economy by the criminal law is biased in terms of the limits of criminal conviction, criminal responsibility and criminal justice. There is a gap in the protection of the non-public-owned economy. This is not consistent with the rigidity of the economic system and The characteristics of criminal law and other factors are inseparable. Under such circumstances, it is especially necessary to adjust the criminal policy and improve the criminal legislation based on the needs of the equal rights of the main body of the market economy, as well as the requirements of justice, equality and freedom of the law.