Analysis Of The Crime Of Illegal Structure Theory And Judicial Practice

The crime of unlawful business operation is decomposed from the crime of speculation existed in the 1979 Penal Code. Just a few years , the conflicts between the judicial practices and legal provisions have been repeatedly shown. The crime of unlawful business operation is the charge with most changes in the 1997 Penal Code. The Supreme People's Court and the Supreme People's Procuratorate have promulgated a series of judicial interpretations about it. Although these judicial interpretations provided the basis for the judicial practice, still doubt in it.The adoption Of the law of Administrative License provides the chance for us to reconsider the scope of the crime of unlawful business operation with regard to types of the administrative license, the theory of limited authority of the government ,basis of administrative License regulated by the law of Administrative License, especially the content and the scope of "other unlawful business operation acts which seriously disturb the market order ".Only those unlawful business operation acts which seriously disturb the market order, necessary of penal, should be punished the crime of unlawful business operation.The first part - Elements of the crime of unlawful business operation, especially the content and the scope of "other unlawful business operation acts which seriously disturb the market order ".Part II - Seven judicial interpretations released by the Supreme People's Court and the Supreme People's Procuratorate have Conducted an unreasonable interpretation of the expansion, the crime of unlawful business operation with a high using frequency ,has a very wide range.Part III - Theory respond of the judicial practice. the crime of unlawful business operation practices have increasingly broad trend, expand the application furthermore.