Abstract: Since the reform and opening up, the legislative policies of China's economic criminal law have focused on the protection of economic order and transaction security. This policy is reflected in the scope of economic criminal law, that is, the transaction process rather than ownership is the object of protection. However, when defining the transaction process, it included both specific dangerous criminals and abstract dangerous criminals in the essentials, which gradually deviated from the statutory crime theory. This deviation has caused uncertainty in economic crimes and violated the principle of restraint in criminal law. It should be noted that, in the tide of reform and opening up, this deviation has its own rationality. The current reform and opening up are still continuing, and the legislative policies of China's economic criminal law should still be consistent.