An Empirical Analysis of the Relationship Between the Uncertainty of Chinese Economic Criminal Law and the Crime of Private Entrepreneurs

Hongwei GONG


Chinese economic criminal law embraces the blank description of crime and the special forms of normative constituent elements and the distribution of miscellaneous provisions, which has violated the clarity principle of the criminal law and is contrary to the scientific legislative guidelines. The results of the study show that not all unclear provisions will lead to the increase in the criminal risk of Chinese private entrepreneurs, that the simple blank description of crime will not lead to a sharp increase in the related crimes and that the special form of the normative constituent elements and miscellaneous provisions have greatly increased the judicial application of related crimes to private entrepreneurs.


Blank description of crime; Normative constituent elements; Miscellaneous provisions; Private entrepreneur

Full Text:



Hei, J. J. (2016). The degree of observance of the principle of clarity of criminal law - the measurement index of the principle of clarity of criminal law and the investigation of facts. Politics and Law, (11), 93-105.

Liu, S. D. (2001). Question of Blank Description of Crime in the Principle of a Legally Prescribed Punishment for a Crime. Law Research, (2), 40-50.

Liu, S. D. (2002). Deconstruction of crimes - The unfolding of criminal law interpretation (1st ed., p.44). Law Press.

Liu, Y. H. (2002). On the structure and application of the constitutive elements of illegal targeted offenders. Law Science, (5), 47-59.

Lv, T., & Yang, H. N. (2009). Combating and dividing the crime of destroying the socialist market economic order. Politics and Law, (8), 40-49.

Otani (2008). General principles of criminal law (2nd ed., pp. 120-121), In H. Li (Trans), China Renmin University Press.

Wang, H. L. (2006). On the crime of blankness (Master’s Thesis). Anhui University.

Yang, J. B. (2010). Study on the clarity principle of criminal law (1st ed., p.59). People’s Public Security University Press.

Zhang, M. K. (2007). Normative constituent elements. Law Research, (6), 76-93.

Zhang, M. K. (2011). Principles of interpretation of criminal law (Part 2, 2nd ed., pp.533-564). Renmin University of China Press.

Zhang, Y. H., & Wu, Z. X., et al. (Eds.). (2011). Special topics in criminology (1st ed., p.159), Beijing Normal University Press.



  • There are currently no refbacks.

Copyright (c) 2018 Canadian Social Science

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.


  • How to do online submission to another Journal?
  • If you have already registered in Journal A, then how can you submit another article to Journal B? It takes two steps to make it happen:

1. Register yourself in Journal B as an Author

  • Find the journal you want to submit to in CATEGORIES, click on “VIEW JOURNAL”, “Online Submissions”, “GO TO LOGIN” and “Edit My Profile”. Check “Author” on the “Edit Profile” page, then “Save”.

2. Submission

Online Submission

  • Go to “User Home”, and click on “Author” under the name of Journal B. You may start a New Submission by clicking on “CLICK HERE”.
  • We only use four mailboxes as follows to deal with issues about paper acceptance, payment and submission of electronic versions of our journals to databases:;;;

 Articles published in Canadian Social Science are licensed under Creative Commons Attribution 4.0 (CC-BY).


Canadian Social Science Editorial Office

Address: 1020 Bouvier Street, Suite 400, Quebec City, Quebec, G2K 0K9, Canada.
Telephone: 1-514-558 6138 
Website: Http://; Http://;

Copyright © Canadian Academy of Oriental and Occidental Culture