Embedding the Concept of “Dynamic Property Rights”: Optimizing the “Order-Oriented Legal Interest Perspective” in Economic Criminal Law

Since the reform and opening up,the fundamental evolution of the legal interest in China's economic criminal law has gradually shifted from “interests” to “order”,marking the growth and maturation of China's economic criminal law.The traditional order-based view of legal interest,due to its highly metaphysical nature,inevitably carries value deviations such as instrumentalism and symbolism,which may undermine the legitimacy,necessity,and effectiveness of economic criminal law and fail to align with the developmental logic of the socialist market economy.A potential solution is to embed the concept of “dynamic property rights” as an anchor,attempting to optimize the technical rationality of the traditional order-based view of legal interest and enhance legal positivism.This may facilitate a paradigm shift in the focus of legal interest in economic criminal law—from “epistemology” to “methodology” and from “ontology” to “functionalism”.Specifically,on the one hand,it should be clarified that the economic order protected by economic criminal law must be an order reducible to property rights,thereby distinguishing the new order-based view of legal interest from the traditional one.On the other hand,it should be clarified that the property rights protected by economic criminal law must be dynamic property rights that operate within the market economic structure and constitute market resource elements,thereby distinguishing economic crimes from traditional property crimes.