On The Determination Of Crime Of Illegal Business

The abusing of the crime of illegal business operation is caused by three reasons:its legal interest is broad and unclear; the range of limit operating items is not clear; the improper application of the law. The legal interest of the crime of illegal business operation should be analyzed in two aspects:from the positive aspects, the crime of illegal business operation by punishing the acts engaged in specific business sectors to protect the public interest; from the negative aspects, the crime of illegal business operation by punishing the acts engaged in prohibition specific business to protect the public interest. The limit operating goods of the crime of illegal business operation are the goods of concerned with the public interest. The judicial determination of the crime of illegal business operation should be concerned with its legal interest. The crime of the illegal business operation with the crime of transfer the license of financial institution, the crime of organizing and leading pyramid selling, the crime of trading certificates of state organs, the crime of disrupting the management order of radio communications, the crime of illegal publications existence the phenomenon of articles competitive application. The crime of the illegal business operation with the crime of against copyright, the crime of issuing stock without permission, the crime of fraud issuing stock or bond, the crimes of smuggling, the crime of manufacturing or selling fake and inferior commodities, the crime of selling commodities bearing counterfeit registered trademarks, the crime of selling infringing duplicates, the crime of transaction by force, the crime of fraud, the crime of contract fraud existence the relationship of imaginative joiner of offenses. To identify the high punishment of the crime should be accord the legal punishment strictly, and should not considered the legal punishment of the crime of illegal business operation is certain high.