On The Crime Of Illegal Business Operations

The legislation pattern of the combination of "blank description and narrative facts about a crime and cutting-off provision" is applied to the crime of illegal business operation in1997Criminal Code to overcome the lagging of statutory code and ensure the safe development of socialist market economic system and striking the various illegal business operations. But ever since this crime was establishment, China has introduced judicial interpretation on this crime most every year to combat the new emerging illegal business operations, which makes this crime be criticized as a "pocket crime" that means can be unlimited expansion. The unlimited expansion of this crime threatens the social justice, so the author studied its history and development and its constitution and further generalized its deficiency in device. The author argued that the deficiency was caused not by legislative pattern and legislative technic, but by the inaccuracy and insufficiency of the legislator in the description of the crime and judiciary surpassing and arbitrarily interpreting the legislation. At last, the author proposed on how to perfect the definition of the crime of illegal business operations.