Illegal Business Crimes Plugging Terms Existence Of Reasonable Inquiry

Recent years, a lot of the scholars put forward the query of existence of the leaking stoppage provisions'rationality exploration in the crime of illegal business operations. They mainly consider the problems that contain the imperfection of blank facts about a crime's settings, the disunion of criminal object in theory and the unspecific scope of application of leaking stoppage, etc. The article is in the view of a specific case and inspects the leaking stoppage provisions'practical applicability in practice .It is based on the bounded rationality and the conditions of uncertainty so that the leaking stoppage provisions can make sure the necessary flexibility of enforcement. However, it must ensure the scope of"national regulation", unify the criminal object and list"gravity of the circumstances"definitely etc. to reduce the scope of application reasonably.The full article consists of the following parts:The first part is case analysis. Owing to the crime of Liu xx happened in the special period of earthquake relief work, it caused public concern, a lot of the populaces showed their great dissatisfaction. Although the case is already settled, the problems of specific and applicative leaking stoppage provisions in practice which are reflected in the conviction and sentencing are worth of considering. The first part is fully analyzed from the aspects of case interdiction, the ratification of court, puzzling questions, difference of opinion and the comments of opinions five parts.The second part is the cause of LiuXX's theoretical analysis. The difficult point of the case is the applicability to the leaking stoppage provisions. The key to distinguish the crime of illegal business operations is settled or not is to make sure whether the behaviors belong to the situations of the leaking stoppage provisions or not. By means of the analysis about the crime of illegal business operations'objects, violate national regulation and circumstances of aggravation, etc., to regard it as the condition of crimination.The third part is the analysis of the leaking stoppage provisions'rationality exploration. By means of the specific operations'analysis about special cases in the special period in practice, it is discussed from the setting theory of the leaking stoppage provision, legislative background, the rationality of setting and maintaining the socialist market economy four parts to show the existence of the leaking stoppage provision's rationality exploration.The forth part is the modification recommendation of the leaking stoppage provision. According to the former discussion, it reflects a lot of problems about the leaking stoppage provision which exist in practice. So it puts forward the modification recommendation about national regulation, criminal object, criminal amount and conviction and sentencing.