The Basic Issues On The Subjective Aspect Of The Crime Of Illegal Business

The Crime of Illegal Business is from the Crime of speculation in the Criminal Law of 1979. However, due to the provisions of the Crime of speculation was too general and vague, which seriously damaged the authority and stability of the Criminal Law, so it had been broken down when the Criminal Law was amended. From 1997 to this moment, the National People's Congress and the Supreme People's Court,the Supreme People's Procuratorate continuously make new rules and judicial interpretations, resulting in the Crime of Illegal Business sinks into the "pockets"; At the practice, the scope of the Crime of Illegal Business is too widely, contrary to the "legality" principle.Now the scope of the current research has focused on the objective aspects of the Crime of Illegal Business, lack analysis and discussion on the subjective aspects of the Crime of Illegal Business. Therefore, the author try to analysis the Crime of Illegal Business from the subjective aspect, using the agreement of the statement as the cornerstone. Through finding the issues of the Crime of Illegal Business, and suggest how to resolve it.This article consists of five chapters.Chapter 1 is an overview of the Crime of Illegal Business. Mainly Introduced the historical evolution of the Crime of Illegal Business, the summary and review to various theories of the concept of the Crimes of Illegal Business, as well as a brief introduction to the constitutes he Crime of Illegal Business, which explained the background knowledge of the Crime of Illegal Business.Chapter 2 is a introduction to the general principles of the criminal subjective. This chapter is divided into two sections, section 1, mainly from the historical evolution aspects to introduce the general principles of the criminal subjective, section 2 introduces the related concept of the criminal subjective, through the analysis of several theories, leading to a conclusion that its contents including deliberate,negligence and the criminal motivation,the criminal purpose and other incidental subjective statement.Chapter 3 mainly discusses for the sins of the Crime of Illegal Business. The section 1 and section 2 respectively from the factors of understanding and the factors of will to explore the Crimes of Illegal Business specific.Chapter 4 introduces the criminal motive and the criminal purpose of the Crime of Illegal Business. For the direct intentional crime certainly have the criminal motive and the criminal purpose, so this is a problem can not avoid.Chapter 5 is the last part of the article. After introduced below three chapters, the author have done a comprehensive analysis to the Crime of Illegal Business from the subjective aspects. To existed problems have a response, and the author give some advice to the modify of the Crime of Illegal Business from the subjective aspect.