Restrictions About The Crime Of Illegal Business On Comparing Horizon

The Crime of Illegal Business was separated as a new type of crime fromspeculative crime in1979’s criminal law. Unfortunately, the boundary of The Crimeof Illegal Business is expanding constantly, which makes The Crime of IllegalBusiness just as a big pocket. Restrictions about the Crime of Illegal Business havebecome a common consensus in academia and judicial practice. So far, the analysison the pocket problem of the Illegal Business Crime mainly focuses on itscharacteristics, causes and harmfulness. There are little comprehensive analysis andconsiderations in the view of specific hermeneutic, which are aimed at maintainingthe stability of legal text. In my opinion, the reasonable localization of "violation ofState regulations" and strict interpretation of crimination are the basis of restrictionsabout the pocket problem of The Illegal Business Crime. In this paper, comparativemethod is used to analyze each influential factors of the pocket problem of TheIllegal Business Crime. By explaining "violation of State regulations" regularly, anew localization of "violation of State regulations" and restrictions of The Crime ofIllegal Business are gained. And the pocket problem of the Illegal Business Crime,which is caused by intercept terms, blank counts and unauthorized explain, aresolved at last. This article has three chapters with a total of31,000words.The first chapter mainly describes the influential factors of the pocket problemof The Illegal Business Crime. Concrete research content includes several aspects:setting of blank facts, existence of intercept terms, combination of basic andaggravating sentencing, ultra vires interference of judicial interpretation, and so on.These four problems all make the pocket problem of The Illegal Business Crimebroad with different extent.The second chapter focus on the issue that settings of blank facts are the basiccause for the pocket problem of the Illegal Business Crime. On the one hand,rationality of the settings of blank facts is affirmed; on the other hand, the fourinfluential factors described in chapter one are discussed in a comparative way. Theinner relevancy of blank facts’ settings and the other three influential factors is alsodiscussed. Finally, blank facts’ setting is treated as the breakthrough point of thepocket problem of the Illegal Business Crime.Based on the settings of blank facts, restrictions about the Crime of IllegalBusiness are carried out in chapter3by relocating the "violation of Stateregulations".Three levels of comparison analysis are carried out:1) the normativeinterpretation of "State regulations" is made;2) the convicted condition isdetermined by using the twice lawbreaking properties;3) the recognition processwhether it belongs to judicial process or entity process is identified.