The Understanding And Application Of The Crime Of Illegal Business Operations

The crime of illegal business operations were newly brought in the Criminal Law when itwas revised in1997, at the same time of the abolition of the crime of illegal speculation andprofiteering in the Criminal Law made in1979. At the beginning of its promulgation, itgained wide acclaim by the academics. Legislation on the use of blank counts plus pluggingthe terms mode has resulted in the controversy on the understanding and application amongthe academics and in the practice of justice. This paper focuses on the case study of onlinedrug sales of Chongqing A Technology Co., Ltd.(hereinafter referred to as Company A),which was suspected of being violated the crime of illegal business operations. By analyzingthe controversy, elaborating the constitution and judicial application of the crime, combing itwith the case, the author gets to the conclusion that Company A did not violate the crime ofillegal business operations. This paper contains four parts:In the first part, it introduces the basic facts. Company A signed a cooperation agreementwith the B chain pharmacies and applied for administrative license of online drug sales to theFood and Drug Administration according to the agreement. The pharmacy is operated andmanaged by Company A. Due to the anomie behaviour in operation is reported, the mainlyliable person of Company A was approve to be arrested by the procuratorate on suspicion ofthe crime of illegal business operations after checking. In the second part, it points out that the central issue in this case focuses on these: Is it acrime or not? Is it committed by units or a natural person? And it explains the main points ofviews of all parties.In the third section is the analysis through legal principle. It firstly points out that there isa controversy on the understanding and application of the crime of illegal business in theacademics and judicial practice through brief definition of the crime of illegal businessoperations and our legislative, judicial status quo. Secondly, according to the constitution ofthe crime of illegal business operations, combing with the central issue, explaining thecharacteristics and judicial application of the logical sequence of the subject of crime, thesubjective aspect, the objective aspect, the object of a crime, it makes a qualitative analysis onthe behaviour of Company A-does not constitute the crime of illegal business. Specificationfor substandard administrative regulations in the course of business shall be subject toadministrative, not criminal law adjustment. Finally, according to necessity principle of theCriminal Law, in the case of other laws are sufficient to adjust the behaviour of SpecificationA company, the criminal law should exercise restraint, and should not be the case to deal withas a crime.In the fourth section, the paper summarizes the research of the case, which is theoperation of Company A did not violate a crime. Meanwhile it has gained inspiration on theunderstanding and regardless of the crime of illegal business operations: in order to preventing the extreme expansion and abuse of the crime of illegal business operations injudicial practice, according to the necessity principle of the Criminal Law, the Criminal Lawshould maintain restraint in the condition that other laws is able to adjust and regulatebehaviours. In practice, we should regulate and strengthen the criminal legislativeinterpretation on the crime of illegal business operations, strictly adhere to the principle oflegality, to accurately define the crime of illegal business and administrative violations andother means to restrict the application of the crime of illegal business, neither wronging norindulging, to maintain the authority of the criminal law and the dignity of the law.