On The Behavior In The Crime Of Illegal Business Operations

The crime of illegal business was a new charge in the1997Criminal Law whichis an important part of economic crime system. However, since the birth of this crime,the argument has always existed in the academia because of the different cognitionand understanding of the illegal business. It is true that the original meaning of theillegal business from the Etymology is apparently different from the one in theCriminal Law. Based on the legislative stipulation of this crime in China, presentresearch in the theory and foreign legislation of the crime, illegal business behaviorshould be defined as an act that physical person or corporation violating nationalrestrictions and operating industrial and commercial activities which are restricted orbanned by government, or activities break the market supervision order so as tobenefit from it. To deeply explore the illegal business behavior, it’s necessary tofurther analyze the structure of behavior which should be based on studying thepattern and object of behavior. Firstly, the pattern of behavior is various, specificincluding general clauses and fallback provisions. The general clause includes thefollowing three types: illegal operation of monopoly and restricted products;transaction of import and export licenses, certificate of origin or other businesscertificate files set in law; the illegal conducting of security, futures, insurance, orsettlement and expenditure of funds. And the fallback clause is presented as other actswhich seriously violate the market orders. Secondly, the object of illegal businessbehavior includes not only monopoly and restricted products, transaction of importand export licenses, certificates of origin, or other business certificate files set in law,security, futures and insurance, but also the publish, print and copy in doing illegalpublishing business, starting lottery, international and overseas telecommunicationsunauthorized. The ultimate goal of this research is to define this behavior accuratelyin judicatory practice. Therefore, making a distinction between the behavior ofsmuggling, producing or selling the shoddy products and the behavior of buying andselling official documents, certificates or seals is necessary. It will serve better topractice only if the behavior of illegal business is distinguished from the relevantbehaviors scientifically and clearly.