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On Several Practical Problems About The Crime Of Illegal Business Operations

Posted on:2015-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:H B HuFull Text:PDF
GTID:2296330467456120Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of business operations is a new crime which was separated from the crime of speculation in the criminal law (1979). This crime has been playing an important role in the fight against economic crime, since its establishment more than ten years ago. However, this crime is set as a blank facts about a crime in the criminal law, the high openness of the blank facts about a crime will certainly bring problems of unlimited expansion, it left the determination of characteristics of the crime to the laws or rules which will publish in the future, it makes the crime becomes very blurred so that the NPC, the Supreme People’s Court and the Supreme People’s Procuratorate promulgated a series of legislative interpretation and judicial interpretation for the determination, and the administrations of justice also make unlimited expansion of this crime in practice. As a result, the crime of business operations becomes a pocket crime that has the largest changes in the criminal law (1997). This situation is contrary to the Nulla poena sine lege, so it is necessary to make a specialized research for the seriousness of the criminal law and the freedom of economic.This paper summarizes the theoretical circle of crime of illegal business all kinds of definition, analysis of the pros and cons of the various definitions, clearly one of the more comprehensively reflect the basic characteristics of the crime of illegal business and the definition of essential attribute, to clarify what is the crime of illegal management; Through to the crime of illegal business history of longitudinal comparison and foreign regulations of transverse comparison, so that a more in-depth study of crime of illegal business; Through the analysis of the legislation of crime of illegal business background, it is concluded that illegal business crime expansionary lawmakers value orientation is the intentional conclusion, and on the basis of the conclusion further crime of illegal business expansionary value orientation of the objective background and theoretical basis.In combination with judicial practice, this article from the perspective of practice, the influence the crime of illegal business crime constitutive requirements of criterions for the conviction of "violation of state regulations", "illegal money payment and settlement business","other" illegal business behavior seriously disrupted the market order and fine punishment problems were discussed, points out its legislative shortcomings, and put forward the perfect Suggestions, as much as possible in order to overcome and eliminate the disadvantages in its internal defects and practice, so as to realize the function of the crime of illegal business and value.
Keywords/Search Tags:the crime of business operations, pocket crime, The criminallaw, improvement of legislation
PDF Full Text Request
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