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Crime Of Illegal Business Research

Posted on:2005-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:L T WangFull Text:PDF
GTID:2206360125957505Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Illegal Business Crime refers to acts which violate the national regulations, performing serious fraudulent selling. It's restricted and banned by law and interferes with market order.In theory, the object of crime is classified into 2 categories: unitary and dual theory. The former contains 4 different opinions:market economy order,market order,market business order and management activity.Actually,illegal business crime infringe the articles whichbelong to national monopoly or restricted buying & selling, import & export licence or permit documents. It also refers to illegal business involving securitie,futures or insurance and other business activities without authorization from the responsible department.Objectively,this crime expresses acts which violate nationalregulation.Illegal business interferes with market order."illegal" refers mainly to violating law,administration rules and taking an unauthorized business.It involves business act violating law &rules and belongs to plot offender.Subjectively, this crime results from intentional offense. Thatis to say, act deliberately with the clear illegal idea. Involuntary crime doesn't constitute this crime if he doesn't know his act violates the law & rules .In that case,even though it's illegal,It cannot be conducted with Illegal Business Crime.This crime relatively refers to the subject of business withoutmanagement qualifications. Namely,as for certain business activity,conductor must get legal authorization & business licence. As to those with business qualification, or those act with no need to get permit. If they violate related laws & rules while performing the business,which doesn't belong to Illegal Business Crime.If they constiture offence, they should be panalized with other crimes.Concerning buying & selling licence,certificate of origin & other illegal crimes, its target should be true & valid with legal permit papers or instrument of ratification. How to handle depends on the specific cases.The buying & selling act restricted & banned by law should be penalized according to related rules of criminal law.Illegal Business Crime is "Pocket Crime", measurement of penalty is not scientific as well. So, it should be resolved according to details serious or not. Nevertheless, it's a tough job to distinguish and handle which belong to serious or particularly serious. Weighing up its social harmfulness depends mainly on the amount of illegal business. The same amount expresses the identical social harmfulness. Thus, we can maintain the same criterion in punishment fitting the crime, or measurement of penalty. Therevor, unity of justice may be guaranteed.
Keywords/Search Tags:illegal business crime, violate, Pocket Crime, laws & rules
PDF Full Text Request
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