Research On Illegal Management Crime By Case Study

This paper is a case analysis type paper. Thesis mainly with Xue private establishroadblock charge case as the research object, focus on the roadblocks in charge activity in theprocess of legal qualitative to produce a variety of legal disputes focus, from the illegalbusiness the components of the sin to the legal analysis on this case, it is concluded that thecase constitutes the crime of illegal business actor conclusion. Meanwhile, in the case of legalqualitative process, the papers on the practice of illegal business operations sin is profoundproblems, this paper puts forward the relevant legislation proposals. The main contentsincluded the following six parts:The first part-the Xue private establish roadblock in chargeThe second part of the case-basic introduction: this paper briefly introduces the Xueprivate establish roadblock in charge of the case.The third part-the main focus of controversy: Xue private establish roadblock behavior isa crime and constitute the problem of what sin.The fourth part--combined with the legal analysis. The main content of this part fromillegal business sin discuss the components of the analysis, the research objective behavior ofthe expression of this crime. Author analyses this from three administrative aspects:(1) actoranalysis illegal state regulations;(2) the person is engaged in illegal management behavior;(3)if the circumstances are serious. In the analysis, the author concluded that in the application ofthis crime should be followed by the piece terms two principles, the principle of a legallyprescribed punishment and the austerity of criminal law principle, and the applicable terms forpiece of meet the conditions. And then, in combination with more legal theory on the basis ofanalysis, in order to "Xue private establish roadblock behavior" make legal qualitativeanalysis.The fifth part-research conclusion and legislation. This part of the first author to the platelegal process to make a complete of qualitative comb, as this case the qualitative illegalbusiness of sin summary statement. The second plate in the author analysed based on therelevant legislation that improvement Suggestions. This part of the main from the followingseveral aspects to put forward the terms and conditions apply to block the improvementSuggestions:1. The principle of a legally prescribed punishment for piece and the terms of conflict resolution;2. The terms of the selection and new piece improvement Suggestions;3.Double block the law qualitative terms. Finally, the paper from the Angle of comparisonbetween China and foreign countries for reference, this paper puts forward the sin of illegalbusiness improvement Suggestions.Part6-epilogue. The comb this paper writing thoughts and puts forward theshortcomings.