A Study On The Expansion Of Illegal Business Crime

Along with our country socialist market economy, the rapid development of economy type crime emerges unceasingly, the crackdown on crime in order to timely and accurately, the judicial organs in our country on the crime of illegal business out of the terms of the cited frequency increased, in order to adapt to the new crime, has introduced a new judicial interpretation. The expansion of characteristics caused by jurists attention and controversy. Judicial interpretation, on the one hand, while the reflected the legislative intention, to some extent, overcome the limitations of statute law defects; But on the other hand also for making law by the judicial organs and leave room for rights abuses. Under the current situation, how to limit out terms and conditions of the expansion is of great significance.According to the provisions of article 225 of the criminal law in our country, illegal business refers to a violation of state regulations, engaged in illegal activities, disrupt the market order, if the circumstances are serious behavior. Crime of illegal business is made up of 1979 criminal law crime of speculation decomposition, it is our country since 1997, \"criminal law\" changes in most of the charges. Short more than ten years, the authority issued a series of related to the crime of illegal business legislation, judicial interpretation, etc.; Trial practice to conviction in the out terms of the crime of illegal business case is the trend of rising year by year. Crime of illegal business enumeration and generalized indictment description method, and introduced a series of judicial interpretations, the crime of illegal business is known as the new \"whole\", and the theoretical circle and it have not rest. And today’s economic environment in our country, and want to abolish the crime of illegal business can not fundamentally solve the problem, it still has the necessity of existence. Therefore, at present the key task is to guide our country judicial organ right for the crime of illegal business, limiting the irrational expansion of judicial power, the crime of illegal business play a reasonable effect.It is because of crime of illegal business is widely used in the judicial practice, even some of the court in the case of crimes is not clear, don’t know if really in violation of the provisions of this law \"provisions of the state\", and whether the plot to \"severe\" degree, at the discretion of the judge by yourself, are directly applicable to conviction of crime of illegal business case, the use of the expansion, can easily lead to the different connection with the given situation, serious impact on the judicial impartiality and credibility. The purpose of this paper is to through the analysis of crime of illegal business to protect the legal interests, to recognize and perfect the legislation of crime of illegal business, the purpose of this article first discusses the legal interest of crime of illegal management; Secondly, this paper expounds the legislative defects of the unlimited expansion of crime of illegal business use, from the blank indictment itself and set out terms of the Angle is discussed, further expounds the legislative defects above the unlimited expansion of the crime of illegal business serious consequences; Finally, the author put forward for expansion of this crime using a series of restrictions, expect to be able to correctly and reasonably to use the crime of illegal business.