Crime Of Illegal Business Operation, A Pocket Clause

Article 225 of Criminal Law stipulates that the crime of illegal business operation is in violation of national regulations, to engage in illegal business activities, disrupted the market order, in a serious manner. The creation of the crime of Illegal business operation is to replace crime of speculation in "Criminal Law" of 1979, which is also a "pocket clause". Due to its vague expression of the definition of the clause, to use to crack down criminal activities, and the serious and complicated situation of China’s economic criminal activities, since its born in 1997, the legislature, criminal law amendment, judicial interpretation of this clause ranked first among all crime clause. Not only criminal law and judicial interpretation expanded the connotation and denotation of this clause, but also the professionals in judiciary were to expand its understanding, which are contrary to the basic principles of statutory crime and punishment. In the end, the crime of illegal business to become another "pocket clause"’ which is more dangerous to the system, such as causing damage to the clarity of criminal law, abusing its use, which are all threats to the rights of citizens. These situations have been increasingly questioned and more call for the abolition of the crime of illegal business. But abolition of the clause is not the ultimate way to solve the problem. The presence of illegal business still has its rationality and necessity, accurately apply the crime of illegal business, adhere to the principle of legality principle of Criminal Law and, based on the crime of illegal business of its own characteristics, from the legislative and judicial operations against illegal be clear and perfect crime, and strictly limit its connotation and denotation unreasonable expansion, reduce as far as possible "pocket"; at the same time adhere to the criminal policy of combining punishment with leniency, two laws establish the convergence system and other measures, to minimize the negative impact of illegal business play an active role to combat crime criminal, is the current legislative, judicial and academic circles should be of common concern and solve problems.