An Empirical Study On The Determination Of The Crime Of Illegal Operation In The Form Of Goovers And Its Legislative Perfection

Crime of illegal business is to adjust a variety of violation of state regulations, disrupting the market order of criminal behavior in the market economy.the crime of illegal business of the pocket type is a typical blank crimes, having the characteristics of high generalization and abstraction. In order to meet the requirement of the continuous development of the market economy, adjusting the problems appeared in the market economy, the judicial interpretation and regulations are introduced gradually.when the crime of illegal business of the pocket type punishing illegal crime at the same time, It may also make people worried that regulations, and explain of the crime of illegal business of the pocket type whether have any problems.on the basis of binding verdict documents issued by the Court of first instance judgment and the intermediate court second trial judgment as samples On January December national network of public in 2015, the author has carried on the empirical research dbout the crime of illegal business of the pocket type.through the analysis of the results of empirical research and the summary, the author proposed about legislative Suggestions to perfect the type out crime of illegal business. Only through empirical inquiry to the crime of illegal business of the pocket type, can we understand the present this type of crime of illegal business problems, can we be summed up out both characteristics of the crime of illegal business and the applicable law, can we sum up more correctly in the judicial practice.we can properly applicable type out terms of the crime of illegal business, unified judicial application, so as to guide judicial judgment, to strengthen the judicial justice and credibility.This paper consists introduction, chapter one, the second chapter, the third chapter and the epilogue. In the introduction part, introducing the selected topic significance, current research status of criminal law educational world about the topic, research methods and innovation points in this paper. We summary the crime of illegal business, and the concept of Crime of illegal business operation of the pocket type and composition.In the first chapter, this paper expounds the pocket type of the legislation history of the crime of illegal business, and analysis the type out the characteristics of the crime of illegal business, function and defects, this paper introduces the relevant judicial explanation that supreme people’s court and the supreme people’s procuratorate had done alone or in combination of, and points out that the judicial inteipretation still can not completely solve the ambiguity problem of the type about the crime of illegal business faced,also points out that the judicial interpretation reduce the threshold of crime. The second chapter analysis the court of judicial documents, empirical analysis of the crime of illegal business out type, introduced the choice of the sample area, time choice, the choice of court and the written judgment. And the same time we introduce the thinking of empirical analysis and analysis the positive samples,Point out that compared with other types of crime of illegal business.our country grass-roots Of court of first instance and intermediate court second trial type out the application of the illegal business crime rate is relatively high, typing out the crime of illegal business of both in the east China area most.and the chapter also put forward the type out the crime of illegal business and other types of illegal business lines between fuzzy problems such as excessive. The chapter three is about how to perfect illegal business crime legislation.From the angle of fuzziness exists in crime of illegal business defects the defect of judicial interpretation, and improving the judicial credibility,this paper put forward the necessity of legislation. The author puts forward that our country should adopt the penal code with accessory criminal law applicable legislation to mode to type out illegal business crime legislation perfectly.And the idea how to perfect the accessory criminal law legislation type out illegal business crime are put forward.