Study On Legislative Defects And Improvements Of The Crime Of Illegal Business

China’s Criminal Law of1997abolished the crime of speculation that is also named the crime of "pocket", and thus produce a new crime, the crime of illegal business which aimed at regulating illegal business activities that disrupted the market order seriously.The crime of illegal business operation setting a blank description of a crime and transparency provisions,it has a high degree of openness and inclusiveness,which sowed the seeds for the crime of illegal business expansion. The highest legislative body has enacted a separate criminal Criminal Law Amendment,The highest judicial authority gradually introduced a series of judicial interpretation and the discretion of the judge’s judicial practice, new illegal business behaviors are regulated by the crime of illegal business, led to further expand the connotation and extension of the crime of illegal business.This unlimited expansion of the crime of illegal business lead to frequent changes of the crime, causing many scholars debate and questioning.This article aims to improve legislative crime of illegal by analyzing the crime of illegal business’s defects.First of all, a detailed analysis of the crime of illegal business legislation defects, mainly divided into three areas, namely blank description of a crime affected the clarity of the crime of illegal business, the transparency provisions sparks the extension trend of the crime of illegal business,the uncertain standard for "serious" in crime of illegal business is easy to confuse the crime and non crime,and also further analysis the infinite expansion of the of the crime of illegal business caused by the above legislative defects,including the crime of illegal business’s legislation, judicial interpretation and judicial practice expand the crime of illegal business. Second, referencing to the criminal legislation of Russia, Germany and the United States on illegal behavior, analyzed the legislation and the characteristics of these countries, summarized benefits of foreign legislation, compared with the crime of illegal business legislation, to identify different points, to explore the reasons of defects of the crime of illegal business legislation,studied deeply of the advantages of foreign legislative approach and considered drawing on the merits of the foreign legislation, to provide a reference model to compensate for the defects of the crime of illegal business legislation.Finally, for the legislation defects of the crime of illegal business previously proposed, the author proposes a comprehensive view of the crime of illegal business legislation.Improving the legislation of the crime of illegal business, shall conform to the basic principles of our criminal law.It is necessary to strictly abide by the principle of legality, but also in line with the principles of criminal law Modesty requirements.Based on domestic scholars’s research of the crime of illegal business legislation and benefits learned from foreign countries, the author advocates the blank counts of the crime of illegal business should be appropriately limited, transparency provisions should be canceled and the standard for "the circumstances are serious"should be clear.