A Research On The Applicability Of The Fallback Provisions For The Crime Of Illegal Business

The Crime of Illegal Business, which is included in chapter of Destroying Economic Order of Socialist Market Economy, is a specified crime in Article 225, Penal Code,1997. It is broken out from Crime of Speculation of Penal Code,1979. As the Crime of Speculation's extension is not clear, and the boundaries between crime or innocence is blurred, it is canceled in Penal Code Amendment,1997. However, there are some illegal business activities which should be adjusted by Penal Code. While canceling the Crime of Speculation, the amendment also set the Crime of Illegal Business in Penal Code. With the development of social market economy, the highest legislative body and the highest judicial body have issued a series of special criminal law, legislative interpretation, judicial interpretation for the Crime of Illegal Business. It is because that Article 225 of Penal Code has set a fallback provision, which is broader content and fewer restrictions, for the Crime of Illegal Business. With the development of these legislation and judicial interpretation, the Fallback Provision is extending, causing the judiciary all over the country divergence greatly, affecting the law system's seriousness and unity. I will be with the qualitative differences of opinion on the serious crime of illegal business reveal all the applicable provisions of convictions to start parsing the terms in our judicial process of the application problems, these problems put forward their views on the solution, and for the judge the conviction and sentencing provisions applicable to problems in the process make some theoretical insights.