Study On The Defects Of The Judicial Interpretation Of Illegal Business Crime

The article 225 of the Criminal Law provisions the crime of illegal business, legislators determine the purpose of this crime is to protect the order of market access, and regulate the illegality of business operators. In order to be better to apply in the crime of illegal business in the judicial practice, judicial authority issued a series of judicial interpretation, the judicial interpretation has been cleared about the regulating object of the illegal business crime, provided the specific illegal business behavior in the judicial practice and its standards of the prosecution and sentencing. The judicial interpretation of the illegal business crime is the bridge that contacting the provisions of criminal law and judicial practice of the illegal business crime, its role is to overcome the lack of criminal legislation, avoid the abstractness of the criminal law provisions, and timely crack down on all kinds of losing economic behavior in market, etc. However, when you be careful to read these judicial interpretation, you will be find there exist some problems, in the perspective of the basic principles of criminal law, this paper will be discuss the problems existing in the judicial interpretation.This paper is divided into five parts. The first part describes the characteristics of the judicial interpretation of the illegal business crime, which is divided into two aspects including the making body and the contents of the judicial interpretation. Then, there are four parts on studying the defects of the judicial interpretation of illegal business crime. The second part is the study of the judicial interpretation of illegal business crime violating the provisions of article 96 of the criminal law. The third part is the study of the judicial interpretation of illegal business crime violating prohibited analogy interpretation. The fourth part is the study of the judicial interpretation of the illegal operation crime violated the principle of clarity. The fifth part is the study of the judicial interpretation of the illegal business crime violated the principle of balancing the Crime and Punishment.