A Reasearch On New Pocket Crime For The Crime Of Illegal Business Operation

The crime of illegal business operation, was a increased charge forming from the foundation of engaging in the crime of speculation by decomposing the PENAL LAW in 1979,also was the charge changing most frequently after the revision of the PENAL LAW. The Supreme People's Court, the Supreme People's Procurator ate appeared a series judicial interpretation to involve this crime one after another. A heated discussion has happened among scholars, focusing on whether it is a pocket crime again, whether it should be cancelled, and so on. For the these mentioned above, selecting: "A REASEARCH ON NEW POCKET CRIME FOR THE CRIME OF ILLEGAL BUSINESS OPERATION" as the title, beginning with the correlation judicial interpretation of the illegal business crime, analyzes the development present situation of this crime, points out that it has become a new pocket crime, deeply studies the reasons to develop a new pocket one, analyzes its hazardous nature. The measures' main purpose lies in effectively preventing the illegal business operation to become a new pocket one.Besides the introduction, the dissertation consists of four parts. The first part analyzes the existing correlation judicial interpretation of the crime of illegal business operation. Through the concrete analysis of seven related judicial interpretations, it points out that the heredity gene of "the pocket crime" illegal business operation is appearing gradually. The second one tells that the reasons to grow a new pocket crime are followings: the legislation limitation of the crime of illegal business operation, the prevailing system to explain laws in our country and the influence of our country economic crimes situation. The third one analyzes the harm of "the pocket crime" which is formed from inflating and points out that the stipulation and the development of the crime doesn't stand in accordance with the principle of a legally prescribed punishment for a specified crime, betrays the value of market economy demands ,endangers the misuse of the right to punish and disagrees with the principle of modesty in criminal laws. The fourth part deals with the perfection of the crime from four angles: to cultivate proper guideline of measures of related stipulations written in the PENAL CODE, improving our country's law explanation system, making reasonable criminal activity freely deciding deliberation power.