Analysis On The Identification Of Tobacco Illegal Business

The offence of illegal business has been provided in article 225 of China's current Criminal Act in an enumerative way. With the enactment of Criminal Act amendments and the extension of judicial interpretation regarding the scope and subject of the offence of illegal business, it is difficult for judicial organs to standardize sentencing. With the extension of the scope of the offence of illegal business, it it more difficult of grasp the standards between criminal acts and unlawful acts. Lawyers, public security organs and judicial organs have different understanding of the offence of illegal business, which makes it more uncertain and obscure when it comes to affirm this offence. Composing of 6 parts, this paper based on a case of illegal business compares unlawful act with criminal act by exploring the elements of the offence of illegal business.Part 1 introduces the details of the case the offence of illegal business.Part 2 expounds the controversies of the case and points out the challenges facing judicial cognizance.Part 3 expounds the concept and the elements of the offence of illegal business.Part 4 elaborates how to understand the relevant provisions of Taboo Monopoly Act concerning the offence of illegal business to distinguish whether a act falls into the scope of the offence of illegal business.Part 5 expounds how to understand the word seriousness in a theoretical way. summarizes the points discussed there-above. This part discusses the boundaries between illegal business and legal business, whether or not a act constitutes the offence of illegal business , the subject of the offence of illegal business.Part 6 serves as a supplement to advance the measures to identify the elements of the offence of illegal business to guarantee that it can be more controllable to process it in judicial process.