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Study Of Crime Of Illegal Business Operations

Posted on:2014-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhengFull Text:PDF
GTID:2256330425457239Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Illegal business behavior means the behavior subject intentionally break the rule ofmarket.the illegal business behavior would brings a tremendous destructive effect to theorder of the market economy and invade the whole society and market’s interests. In ourcountry, the clause of crime of illegal business behavior seems too general and sketchyto judge this type of crime, which is hardly conforming to the restraining spirit of thecriminal law.the tendency not only has a danger with abusing power, but also anexorbitance for the clause to intervene the social economy.the current situations hasmany reasons: the legislative technique still need to improved, the economic crimessituation is not optimistic, and the restriction of the current legal interpretation.therefore, the study on this type of crime has a meaning both on theory and practice.The paper divides into four parts, research on the legitimacy of the crime, analysis themain characteristics of the crime constitution, and discuss the questions as the reason ofgeneralization, the harm of this tendency and the polies. Based on that, the author alsoproposes some suggests to the improvement of legislation.First part detailed discusses the legitimacy of the existence of the crime of illegalbusiness operations. The illegal business behavior is the subject breaks the market rule,destroys the order of the market economy and invades the interests of the whole society.Meanwhile, this crime is a peculiar and effective device for the government to supervisethe economic activities and administrate the market economy. We would see thenecessity to bring the illegal business behavior into the regulation under criminal law.Second part explain the main characteristics of the illegal business crimeconstitutions in two aspects. In objective aspect, the author explain and summaries thefirst three objective behavior, then concentrates on the forth part to discuss: what it isviolating the provisions of the state, and how to understand the application of the forthrule. In the object aspect part, the author analysis the subject’s illegality cognition whichtakes an important role in affirming whose subject intent.The third part mainly discusses the reality from three parts: the generalization oflegislation of the crime, the judicial interpretation, and judicial activities. Besides, thereis a thought of the generalization.The last part makes a summary based on the content above, and analysis the statethat the crime of illegal business behavior is implemented in reality in our country. The author also points out that the setting of the provision is an ought to choose, but stillneed to be improved. Our legislature could raise the legislative technique on foresight,strictly restrict the judicial interpretation, and keep watch of the generalization. What’smore, we need to detailing the provision, such as adding qualification penalty, detailingthe fine penalty, and improve it from administrative control and punishment.
Keywords/Search Tags:crime of illegal business behavior, generalization, criminal policy, improvement of legislation
PDF Full Text Request
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