Theory Of The Crime Of Illegal Business Crimes And Blank Out Terms

From the crime of speculation to the crime of illegal business, is a major advancement ofcriminal law, the crime of illegal business market order rectification has played a positive role,but with the development of China’s economy, the emergence of new business forms on themarket, but is also likely to continue violated various legal business behavior. Since the elasticillegal business plugging terms in recent years, the Supreme Court and the Supreme People’sProcurator issued a judicial interpretation expanding the scope of illegal business regulation,judicial practice has gradually extend the trend showed that many scholars believe that thereis abuse of the criminal law suspected, even some scholars worry about the crime ofdestruction based on the principle of legality, the proposal to abolish this crime.China’s economy is still in the process of further reform, national laws and regulations tomanage the economy will be adjusted, in this context, the relevant provisions of the CriminalCode needs to have some flexibility to regulate seriously disrupted the market order ofanomie behavior, which is illegal business plugging in accordance with the terms of existence.But there should be a degree of elasticity or border, regardless of judicial interpretation andpractice applicable beyond this boundary is undermining the principle of legality, this paperillegal business security business case to explore the crime of illegal business in violation ofstate regulations and plugging the meaning of the terms meaning.The article consists of the following four parts:The basic circumstances of the case: the first part. In this section describes the merits ofthe case have constituted the crime of illegal business, acquitted two completely oppositeviews. The reason for the dispute is how to understand the crime of illegal business "violationof state regulations" and "other seriously disrupted the market order", etc.Part Ⅱ: the case of the legal analysis. The main focus of the analysis carried out for thedispute in this case, the first is a "violation of state regulations" are discussed, followed by thetheme of "seriously disrupted the market order and other illegal business practices," themeaning and reasonable basis exists to start on. Finally, discusses the need when theperpetrator convicted of non-criminal violations of the law, the applicability of thenon-criminal law should also follow the principles from the old and lighter.Part Ⅲ: the case of the analysis results. By the second part of the legal analysis of the case come to the conclusion that the defendant Song does not constitute a crime of illegalbusiness. Although the defendant Song object element, the main elements of the subjectiveaspects in line with the elements constituting the crime of illegal business requirements, butwhen Song behavior occurs, the country has not allowed to operate security businessrequirements, it does not belong to conduct Song "breach state regulations,"no law or judicialinterpretation of such acts can be prosecuted incriminating criminal provisions, Song behaviordoes not belong to other illegal business activities seriously disrupted the market order.Part Ⅳ: case study of Revelation. Comprehensive analysis of the first three parts of theproposed better play the role of the crime of illegal business proposal.