Font Size: a A A

A Study On Determining The Crime Of Illegal Business Operations

Posted on:2012-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:D S GuoFull Text:PDF
GTID:2166330332497641Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The crime of illegal business operations was born in the revised Criminal Law of 1997. Since then it has been readjusted by the Criminal Law amendments twice, and the Supreme People's Court and the Supreme People's Procuratorate have also promulgated judicial interpretations to give expansive explanations for the crime of illegal business operations. Thus the intension of the Item 4, Article 225 of the Criminal Law continues expanding, and some law scholars have called it new "All-inclusive Crime". Therefore subjects such as, whether the enactment of the crime of illegal business operations contradicts with the principle of legality, how to understand "gravity of the circumstances" in legal practice, whether the determination is reasonable or not given by the related judicial interpretations for the crime of illegal business operations, and how to restrain the "All-inclusive" tendency of this crime, need in-depth studies of the scholars. However during transition period from the planned economy to market economy in China, replacing the crime of speculation and profiteering with the crime of illegal business operations meets requirements of the national situations and the social market economy development. So how to understand this "exclusive item", the Item 4 Article 225 of the Criminal Law, is of great significance to correctly determine the crime of illegal business operations.According to the principle of legality of the Criminal Law, with typical cases in legal practice, this thesis makes deep exploration into the concrete manifestations of the crime of illegal business operations at the present market economy conditions. Through the analysis on the theory of the crime constitution of this crime, the boundaries between the crime of illegal business operations and other related crimes are correctly distinguished, so the criminal patterns of the crime of illegal business operations can be correctly determined, then in this way the crime of illegal business operations could be properly enforced in legal practice.
Keywords/Search Tags:Crime of illegal business operations, All-inclusive crime, Exclusive item, Criminal constitution
PDF Full Text Request
Related items