The Research Of The Legal System On Illegal Operation Behavior In China

With the reform and open-up policy steadily intensifying in China and the socialistmarket economy continuously developing, someone get around the loophole of existing law todo the illegal operation activities which is driven by interests and results in its growing. Forexample, some people operate with no licence, some market subject beyond the scope of theiroperation activities to operate, and engage in the activities which regulated by mandatory andprohibitive of law. A part of state functionaries take advantage of the convenience of theirpositions to engage in the business behavior. State functionaries engage in the businessbehavior destroy the order of market economy and resource allocation, violate the principle ofmarket fairness and equal competition, aggravate social contradictions. There are manyprohibitive laws and regulations about state functionaries to engage in the business, but neitherof the law and regulations give a play to fulfill its function and authority. The root of thisphenomenon is that there are many functional disorder about administer the conflict of interestof state functionaries in our country. In market operation behavior, the operator is not only theimportant participant to develop the economy and make the market prosper, but also themaintainer and beneficiary of the market order.In fact, the majority of operators participate inmarket operation behavior in accordance with law, positively maintain the order of operator,rely on honest and credible to take part in the market competition. Operators make acontribution to develop the economy either, and realize the expectation of pursue wonderfullife. However, individual operators operate with no licence or beyond the scope of theiroperation activities, they operate without regard to the laws and regulations and violate the law.Finally, they will hurt themself and others. Aimed at this current state, this paper combineswith specific conditions in our country, proposes relevant legislative proposal to regulate theillegal operation behavior, further improves the legal system about relulate the illegaloperation behavior.At first in this paper, use of the method of deductive and document analysis to expoundthe fundamental theory about the legal system of illegal operation behavior, elaborate theconnotation on the legal system of illegal operation behavior and the surface phenomena, the harm and the legal consequence of the illegal operation behavior. Secondly, utilize acombination of theory and practice, expound the current situation of the legal system ofillegal operation behavior, systemizely analysis the existing problems on the legal system ofillegal operation behavior from the aspects of legal, regulation and policy, expound thenecessity and importance of improve the the legal system of illegal operation behavior in ourcountry. Thirdly, using the method of comparative analysis, investigate relevant practice ofthe legal system of illegal operation behavior outside our country, summarize the legislativeexperience and legislative contents that merit our country attention. Finally, using the juristaltheory, propose valuable legislative countermeasures to improve the legal system of illegalprocedural system.Thirdly, put forward the legislative advice on amending the relevant legalprovisions on criminal law.