Crime Of Illegal Business Norms

The crime of illegal business in China is evolved from the development of the crime of speculation. The academia is unable to decide what the crime of illegal business counts. We can interpret the crime of illegal business from two aspects. We can analyse the similarities and differences between the crime of illegal business and the crime of speculation, as well as the meaning of the crime of illegal business and the behaviors of illegal business activities. We can also make it clear from the explanations of "violation of state regulations" in the Criminal Law, the definition of the seriousness of the circumstances and so on. There is a lot of space for us to explore not only in the theory of the crime of illegal business but also in judicial practice. In recent years, there are more and more cases sentenced illegal business appearing in the court decisions, which makes us re-examine whether the crime of illegal business becomes a "small pockets of crime" as some scholars have said and doubt the reasonability of its existence. Some people favor that we must abolish the crime of illegal business in order to fundamentally solve this problem. However, the abolition of the crime of illegal business is unrealistic and the crime of illegal business is inevitable and reasonable according to our present political, economic, cultural and global background. Therefore, it’s wise to seek a reasonable solution under the existing criminal law framework and the historical, social, judicial background. Then it will be able to make the crime of illegal business to be truly applicable in judicial practice. It’s very necessary to rule the meaning of the crime of illegal business and the specific elements for further detailed, accurate, and normative norms both from the law to judicial interpretation or to the judicial practice. Then the crime of illegal business can not only comply with the law of the principle of legality and other basic theories of criminal law and meet the needs of criminal justice practice, which tries to avoid the abuses of crime of illegal business practice. The crime of illegal business value orientation should fit China’s increasingly mature socialist market economy, protect the development and perfection of China’s social market economy and provide a sound legal basis.