Nalysis Of Pocket Problem In The Crime Of Illegal Business

This paper is to study the problem of the pocket of the crime of illegal business.The crime of illegalbusiness born out of the crime of speculation, guilt set to "blank counts plugging the terms" form,resulting in the connotation and denotation of the offense exists a great deal of uncertainty. A series oflegislative interpretation of the crime of illegal business and judicial interpretations were introduced, thetype of behavior and constantly enrich the crime, the crime of illegal business activities into circlegradually expanded. Specific judicial practice all over the court for the offense applies, in particular theexistence of "illegal operations that seriously disrupted the market order" any expansion explained. Thecrime of illegal business from the expansion to variation, and gradually evolved into a new crime ofpocket, with the principle of legality, restraining criminal law value lopsided.Pocket for the crime of illegal business, the correct attitude should be to strive to justify itsreasonable connotation and denotation through reasonable means of interpretation whether thinking thatnegative evaluation, eliminate the negative impact of the offense in the applicable. Need to accuratelygrasp the essence of the crime of illegal business, illegal business activities strictly limited to incriminatethe scope of malpractices in the behavior of the market order against the state by a specific licensemanagement as Object of Regulation. The the blank facts restrictions,"state regulations" sources of lawshould be limited to the laws and administrative regulations, departmental rules and local laws andregulations can not contain. Other illegal operations that seriously disrupted the market order "theexplanation given, should be consistent with the behavioral characteristics of the crime of illegal business,avoid the use of the blank facts and intercept terms on the sin explained wanton behavior type. Thecountry’s highest judicial machine can be introduced for the application of the crime of illegal business guidance case, making it easy to guide judicial practice that the crime be accurately applied.The basic features of the market economy is a free economy, everyone can participate in marketactivities, can become the main body of the market economy. In this case, the state power of punishmentought to make in the administrative penalties, civil compensation, industry self-monitoring and socialsupervision by public opinion in a variety of ways to minimize the direct intervention of the economicactivity.