A Study On Preventing Article Of Illegal Business Operations Crime

Scholars have launched a hot discussion on the survival of preventing article of illegal business operations crime since 2000. However, it is decided upon these two situations: whether it is a kind of law suitable to China's current society, or whether it is compatible with certain statutory principles.China is now at a time when it is a government-oriented socialist market economy, which means that a powerful governmental intervention is a prerequisite for this economy, whereas certain preventing article is a systematic guarantee for its realization.Nulla poena sine lege experienced historical change from pursing formal justice to substantive justice. The substantive principle of nulla poena sine lege emphasizes that crimes and punishments must be stipulated definitely by law. As to the constitutive elements of crime, if they are based on the clear authorization and clarified by administrative rules and regulations, they are not considered to be against the principles of democracy, rule of law and law specificity.Law is a kind of universal behavioral criterion, aimed at the universality of common things rather than the individual discrepancy; Law is relatively stable, so it is difficult cope with the unpredictable social facts; Criminal Law should guarantee the individual rights and freedom as well as protect society against the invasion of crimes. In order to get over the inherent deficiency, the definiteness of the law should be relative, and the legislation of preventing article should be contained by the principle of definiteness.The above definite enumerations should have restrictions to the comprehension of preventing article. Otherwise it will be in the least meaningless, for its connotation must be contained by preventing article. Hence, there are two relating conditions to restrict the article: whether there is a violation of national stipulations; and whether there is a violation of national business operations license system.