Discussion On Plugging Items Of Illegal Management Crime

The illegal management crime in Criminal Law(1997 version) has mostly changed. It is controversial in theory and non-uniform seriously in judicial practice, the direct reason of which lies in the plugging items and blank crime of the item 4 article 225 of criminal law.However, the theory discussion just staying at the level of direct reason can not fundamentally solve the plugging term's theory and practice problem of illegal management crime.So,it is an important and urgent theoretical and practical issue to find the problem root of plugging items and perfect it from legislation.By analyzing various views whether to use plugging items of illegal management crime in Chen's ultra scope management, we can find that theoretical perspectives and practical application more comprehensively reflecting the theoretical shortcomings and practical confusion in plugging items of illegal management crime in theory and practice.The plugging item of illegal management crime has four characteristics:the administrative commit, plugging elements, blank crime, and the term of "illegal management" not clear. After analyzing the four characteristics, we can find the root of confusion between theory and practice of plugging item of illegal management crime lies in the term "illegal management" not clear, instead of the legislative techniques in administrative commit, plugging elements, blank crime. The application of method is the root of the problem.In order to examine whether the conclusions correct, the theoretical section makes a deep consideration of various views of Chen's case in the principle of legality, the consideration of criminal modest and restrained, so that it is found that the regulations of criminal law, such as the administrative commit, plugging elements and blank crime, are not basically opposite with these theory, but they are compatible under some condition. Also,through a variety of perspectives on the theory of Chen's case, it is gradually clear the conditions of compatibility between them, that is, the legislative clearness of plugging item of illegal management crime and limitation of regulation of blank crimes.In the legislation proposal part, I suggest how to make "illegal management" clear and limit the scope of "national regulations" in detail..Besides, before making suggestion, I propose reasonably on compatibility issues, such as the economic crime change and high-frequency. Thus,the core issue in plugging items of illegal management crime—the meaning of illegal management in plugging items (especially the intension)not clear has been solved properly.In short, the paper has well achieved the aim of study. Meanwhile, the paper also confirms the importance of combination of theory and practice from some perspective. Theories only from practice to practice just have values;meanwhile, only the practice supported by theory just can avoid errors.This paper involves a wide range of topics with strong theory and connecting with the practice closely. Though,the paper is just a trying of promoting the deep study on plugging items of illegal management, I hope scholars interested would do further study.