On Plugging Terms Of The Crime Of Illegal Business For A Reasonable Limit

Illegal business crime was in 1997 the criminal law the charge which increased in the decomposition engaging in speculation crime's foundation,its goal attack serious harassment socialist market economy order illegal business behavior.But with the lapse of time,the illegal business crime's behavior way's content expands unceasingly,the illegal business crime's connotation and the extension also unceasingly expanded,have formed the illegal business crime constitution numerous and diverse aspect,caused many difficulties suitably for the illegal business crime.Mostly the scholar thought that caused the above phenomenon the immediate cause is criminal law 225 has established an connotation broadly as the illegal business crime,and limiting condition very few leak stoppage provision.How to limit reasonably and grasp strictly is suitable this leak stoppage provision,is this article pays attention.The first part uses the leak stoppage provision to the criminal law 225 fourth item the reason to carry on the analysis,mainly from the Chinese realistic condition,The written law limited angle analysis uses this stipulation the reason, was for the purpose of promulgating at that time the legislator to choose the summary-like legislation pattern the reason.The second part mainly and combs to the illegal business crime leak stoppage provision suitable induction,pointed out that the illegal business crime leak stoppage provision the question which exists in being suitable.Enumerated the judicial interpretation to the leak stoppage provision in the being suitable expansion,the judicial practice expanded to the leak stoppage provision in being suitable,was not difficult to discover,because "other harassed the market order seriously the illegal business behavior" along with our country economy development change,the leak stoppage provision had the infinite extension tendency in the being suitable scope,causes the content which the illegal business crime contained to be getting more and more,the scope was also getting more and more broad,had the criminal law revision gradually before engaging in speculation crime all-embracing "pocket crime" characteristic.The third part elaborated the leak stoppage provision in being suitable the infinite extension existence harm.From the crime legal principle,with the administrative law illegal activity's relations,the,criminal law modest and restrained spirit,and was suitable the harm which the aspect created to carry on the analysis.The fourth part of this part was mainly has carried on the elaboration to the illegal business crime leak stoppage provision infinite extension limit.To leak stoppage provision in judicature suitable infinite extension as well as in this kind of infinite extension harm analysis foundation,it is necessary to carry on the limit suitably to the leak stoppage provision.Is mainly in the judicial practice to its limit,judge grasps after is deciding after deliberation the power freely,only then limits "other harass the market order seriously the illegal business behavior" the expansion to be able to manifest legislator's intention, simultaneously has also conformed to the crime legal principle.Last part mainly elaborated must fundamentally solve the illegal business crime infinite extension to cause "the pocket crime",must revise the criminal law 225 fourth stipulation from the legislative perfect angle,proposed from the legislative angle legislated to the criminal law 225 fourth item to consummate the suggestion."Other" increase the restrictive beautification words and expressions to the fourth item.