The Expansion Of The Crime Of Illegal Business Research

The crime of illicit trade, developed from the past crime of speculation, is the charge with most changes after revision of the Law of Crime. The National People's Congress, the Standing Committee of the National People's Congress, the Supreme People's Court and the Supreme People's Procuratorate have successively promulgated a series of supplement provisions and judicial interpretation about it. Moreover, since being magnified in the practice, the crime of illicit trade has finally became a new pocket crime.This paper studies the crime of illicit trade on the base of combining theory and practice, emphasized on its magnification.In the first part, the writer explains, through illustrating the legislative reforms in the crime of illicit trade, that the crime of illicit trade was splitted from the crime of speculation existed in the past. Besides, it introduces overseas legislation about illicit trade conducts. In order to grasp the crime of illicit trade objectively and exactly, the writer gives the definition and features of the crime of illicit trade.It is pointed out in the second part that the crime of illicit trade is tending to magnify limitlessly. For example, in legislation the crime of illicit trade was revised in the amendment since the issue of the new Law of Crime, that means the crime of illicit trade was magnified twice by the legislative organs. In the judical interpretation released by the Supreme People's Court, there are six types of conducts definitely regarded as the crime of illict trade. After abolishing the crime of speculation, the crime of illicit trade, with a high using frequency, has a very wide range.In the third part, the writer analyzes why the crime of illicit trade magnifies, and tells the harmfulness of the magnification, the crime of illicit trade magnifies essentially because it is lack of indictments. China's economic condition is the actual reason and the traditional value opinion is the subjective reason. Referring to the harmfulness, the magnification violates the rules of "Laws stipulates the crime and punishment" and "law's feature of modest", thus causing abuse of power in punishiment. However, theses phenomena are not in line with China's economic value. In the fourth part, according to the above-mentioned condition and harmfulness, the writer puts forward some suggestions to restrict the magnification of the crime of illicit trade. For instance, we should limit the legislative magnification of the crime of illicit trade through reasonably judical interpretation. We should abide by the rule of "laws stipulates the crime and punishment" and provide some special clauses in the judical interpretation to confine its practice. Moreover, the magnification in judical practice should be controlled through correctly affirming other illegal trade conducts that disrupt the market order seriously, as well as the "state policy"...