Analyze A Number Of Legal Issues On The Case Of Li Moumou Illegal Unlocking Business

With the full implementation of China’s reform and opening up, China has completed a planned economy to a market economy in transition, initially established a socialist market economic system. Our legal system also made a major adjustment and improvement. Outstanding performance in the field of criminal law to remove some of the market economy are incompatible with the charges, resulting in a series of new offenses.1997criminal law crime of illegal business is to overcome its predecessor crime of speculation illegal business "big pockets sin" and the separation of the new charges. Since the inception more than10years since the offense, effectively combating economic crime, in order to maintain market order to play a prominent role.However, the socialist market economy continues to grow, the nascent economic problems emerging, legislature and judiciary in the legislative and legal interpretation of the crime of illegal business conducted several expansion, in addition, the judge in the judicial practice, the use of discretion also conduct illegal business expansion, namely whether it is illegal business qualifications, operating illegal content, illegal or mode of operation, as long as the operations are considered seriously disrupted the market order, if the criminal law is not a more appropriate specific offenses, according to the illegal business convicted and punished phenomenon abound. Such a situation is detrimental to the solemnity of the law, but also contrary to the legislative intention crime of illegal business, is not conducive to the protection of the legitimate rights and interests of the operators. Therefore, how to correctly understand the crime of illegal business, adhere to the principle of legality in order to safeguard the socialist market economic order and safeguard the legitimate rights and interests of citizens and prevent the abuse of illegal business is of great significance to prevent any illegal business expansion to become the new "pocket crimes" is the legislators, the judiciary and scholars should issues of common concern.This paper is divided into four parts. First, in order to unlock business Li Moumou illegal business case as an example, the analysis of the case of disagreement and dispute appeal points raised whether the crime of illegal business on Li Moumou identified problems. The second part of the crime of illegal business conduct a general overview, from a theoretical point of view, combined with the status quo legislative crime of illegal business abroad contrast, the crime of illegal business significance of departure, briefly describes the crime of illegal business concepts and Elements. The third part of the three elements of the crime of illegal business "in violation of state regulations,""other illegal business activities seriously disrupted the market order" and "the circumstances are serious," a theoretical analysis of deep-seated, and on the case Li Moumou whether the conduct constituted the crime of illegal business operations or other criminal conduct legal analysis. Finally, think about the present case, the analysis of the current problems in the crime of illegal business, and on how to improve the crime of illegal business suggestions.