The Legal Analysis Over The Illegal Operation Of Transports By Zhou's Group

In the ancient and modern laws in China, there is no single named crime as the illegal operation. And the name of illegal operation crime is ruled from the 1979 Criminal Law's crime of speculation separation. As this crime adopts the ruled method of"empty accusation plus the almighty clause"with the too expending and uncertain legislation model that is critiqued most and questioned most in the criminal law. In recent years, the general committee of Renda and the two top judicial departments promulgated series clauses, the judicial and legislated interpretations about illegal operation crime as the supplement that make the crime as the most changeable one from the 1997 Criminal Law edition. So many experts worried about the double plus legislation model would bring the legal arbitration on the application and the interpretation which violated the legality principle in criminal laws. Moreover, when the judicial departments in practices handle such illegal operation cases, it would be hard to grasp the essence clearly which caused the difficulties in the detail works in the judicial practical departments and affected the economic liberty of citizens and other subjects. Therefore, the author gives the specific elaboration about the basic theory of this legislation model by the selection of the classical cases of the illegal operation adopted with the positive method in order to analyze the content and the focus to construct a rational and more perfect theoretical system that is to perfect the current legislation and the criminal law theories and help the judicial professionals to correct analysis over this crime approaching to the legislation origin extremely and to prevent or strike the crime to realize the normal socialism market economic orders.And the whole text contains the introduction and the context. At the beginning, the author gives the basic facts about the case and put forward the main arguments about the commit of the crimes to elaborate the reasons and analyze them one by on. Then the author considers that the case should be committed as the illegal operation crimes from the four conditions of this crime combing the facts to moderate the commit reasons of this crime.The creation point of this paper would be the classic case selection which provides the relative problems not only the practice and theory discussions. And in the conclusion, the author puts forward the rational limit rules, the reasonable judicial interpretations and acceptable application of the discretion by judges and other perfecting suggestions about this crime as its puzzles in the legislated defects and the other problems in order to make some enlightenments and helps to the criminal academia and judicial practices.