| Illegal business crime was first established in1997as a new accusation. Mostscholars believe that illegal business crime is exploded out of illegal speculation andprofiteering crime of1979. The fourth sentence of Article225of Criminal Law is "other illegal business activities which seriously disrupt the market order ", which isconsidered as “Miscellaneous Provisions” of illegal business crime by Chinesetheorists and practitioners. In order to correctly apply this provision, the legislatureenacts separate criminal acts and relevant amendments, while the Supreme Court andthe Supreme People’s Procurator ate introduce a number of judicial interpretations.And those events constantly enrich the scope of illegal business crime, expandingadjustment of anti-illegal business crime. Based on the theory of justice, this paperresearches “Miscellaneous Provisions” of illegal business crime. The first partmakes a brief introduction of illegal business crime, with a discussing and summaryof the history, definitions, components, and types of "other illegal acts" in illegalbusiness crime. And illustrates the characteristics of “Miscellaneous Provisions” ofillegal business crime and its positive and negative effects in the judicial practice.The second part taking two cases as examples, discusses their legal issues and thenanalyzes how to apply “Miscellaneous Provisions” of illegal business crime. Thethird part focuses on how to solve other issues of “Miscellaneous Provisions” ofIllegal business crime. The author is aim to help understanding of “MiscellaneousProvisions” of illegal business crime by the paper and brings a better anti-illegalbusiness crime practice. |
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