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On The Illegal Business

Posted on:2014-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:P F ShenFull Text:PDF
GTID:2266330425455769Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of illegal business is set up by the criminal law in1997. Does social and economic stability and development play an important role in the establishment of a specific period of time the crime of illegal business. The criminal law establish the crime of illegal business with the special blank counts combined with a description of the fallback provision. With the relevant legislation and judicial interpretation continues to expand, leading to. the crime of illegal business continues to expand.The restriction on illegal business activities by Criminal law has been a hot topic in the academic and practical. Breach of the principle of legality and restraining criminal law principle for the crime of illegal business, academia and gradually unified view. However, in academic research or in judicial practice, the abolition of the crime of illegal business, how to reasonably limit the terms of the crime of illegal business and how to improve the defects of the crime of illegal business there is a certain amount of debate. In the Criminal Law, the crime of illegal business is the most controversial charges. The criminal law has lost its clarity and predictability and market operators do not know what to do. Not clear what behavior will be classified as a crime,impact on economic development and The conduct of operations will hesitate to move forward. To limit crime of illegal business expansion, under the premise of adhering to the principle of legality and Restraining criminal law principle, need to improve from the two major aspects of the legislative and judicial. In the legislation, the legislature through the establishment of a single line of criminal law and criminal law amendments to split the crime of illegal business. And general administrative violations from the crime of illegal business will be separated. In the administration of justice, the judiciary in the interpretation of the crime of illegal business should pay attention to follow the principle of legality and the systematic interpretation and explains the purpose of the principle. Improve the judicial interpretation of the form.
Keywords/Search Tags:The crime of illegal business, Expand, Adhering to the principle oflegality, Restraining criminal law principle
PDF Full Text Request
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