A Study On The Cross - Clauses Of Illegal Business

The 4th"the illegal management behavior of other severity order in the disturbance market" of rules in 《The People’s Republic of China penal code》 Article 225 illegal management, this item is usually seen by the educational circles as illegal management of Blank articles.The item establishes and aims at carrying on tighter legal theory rules to illegal management.However under the lawmaking standard of this good original intention, always don’t can guarantee judicial process of always smooth.Particularly is in recent years, the disorder of judicial explanation, and turn to apply an etc. factor to the extension of illegal management Dou bottom article, make this Blank articles disobey its lawmaking starting point, even gradually breached the standard of "the explicit of the method", breached the target of the our country construction socialism market economy, rule of law social and harmonious society.To this, the item applies to seem to be with lawmaking essence, lawmaking spirit inharmonious, deviated from the spirit of method, as a result illegally management of Blank articles also drive pushing of naturally to place with a draught wave point, aroused many controversy of various communities.Have to admit, illegally the rules of management Blank articles, at the particular stage, particularly opens initial stage in the reform, it establish, exists and applies its rationality and necessity, and the item contributed for maintenance disfunctional economic social order doing at that time huge guarantee and.But Be deep to develop along with the diversification of Chinese economic development and complicated Zong, at the item while applying, should more explicit, more strict, then affirm, apply to"is other severity stir the illegal management behavior of order in the Rao market", have to follow the legal and explicit etc. law principle of the criminal acts of penal code.This text is from the introduction illegal management and it Dou bottom the item set out, from the illegal management lawmaking background, the development grain, lawmaking spirit and aim essential point and set out to general rules etc. of illegal management, carry on to the illegal management Blank articles stereoscopic turn, diversification, go deep into a turned research.In addition in the process of studying in, also check against the related code of laws of making reference to some abroads, embarrassed situation combine at that moment and illegally management item to apply to face in the process, particularly misuse situation, go deep into illegal management Blank articles of analysis excavation to apply the place of key sticking point, and take this as foundation, put forward some practical viable suggestion, take into to the Dou bottom’s item perfect, among them, the definitely illegal management the Blank articles judicatory applies the principle and position that should insist, full Bian clearly illegal management Blank articles of the judicatory apply scope;Gradually to market economy particularly the camp realm carry on analysis and help it to outward open, and raise character and business level etc. of enforcing the law the oneself and all promote the Dou bottom’s item better the important way for contributing efforts to the socialism economy.On the Zong, illegally the Blank articles of management is for guaranteeing the special outcome of market economy order development, from the special penal code, lawmaking explanation, judicial explanation of the lawmaking section and the government set have no completely limit of under the circumstance but produce.Consequently with of opposite should of apply, the dangerous coefficient being misused presents a higher situation.Thus, our country the judicial organ by all means can not keep step when the Dou bottom’s item applies everywhere and therefore produce of unjust positive, even the phenomenon of false verdict is unavoidable, this will directly and seriously influence the serious, unity that the law should have as well and influence judicial of fair equity.This text settles height from the academic theories and carries on an analysis to the problem and seeks a quasi- problem, solution aiming at these problems puts forward his/her own viewpoint and suggestion and also aim at at the same time the law enforcement official is in the process of applying the Dou bottom’s item to sentence to measure Xing in of the problem expression is some academic theories viewses.The problem produced for applying illegal management Blank articles isn’t to can not make up, pass analysis, the way that we can find out homologous solution of, but still need lawgiver, judicial man of active, social public joint effort at the same time, make the law continuously perfect, draw up the law ruling that matches social economy development regulation.