Study On The Legal Interest Of The Crime Of Illegal Business Operation

The legal interest of the criminal law has a function of guiding the interpretation of criminal law; besides, to conclude the legal interest of the criminal law should also follow the principle of legally prescribed punishment for a specified crime. At the present time, definitions of the legal interest of the crime of illegal business operation in our country all have the defect of being too extensive and do not have the function of guiding the interpretation of the crime of illegal business operation, which leads to the broad definition of the crime. Criminal law being a "backing" law, the study on the legal interest of it should be combined with professional knowledge of other related fields. And thus, the study on the legal interest of the crime of illegal business operation, which is one of the crimes of disrupting market order, should be combined with the theory of market economy. Therefore, this paper proceeds from analyzing the present state of our country that the application of the crime of illegal business operation is expanded, and combining with the theory of market economy, puts forward a new point of view that the legal interest of the crime of illegal business operation is the order of market access under regulation of state and supervision from the perspective of the relationship between market mechanism and government standardization and control in mature market economy and the perspective of the effect of market access as a method of government control and standardization, which provides a new angle of view for the improvement of the crime of illegal business operation.