Studies On The Expansion And Limitation Of The Crime Of Illegal Business Operation

In recent years, the crime of illegal business operation is too frequent, and the field of this crime is more and more used in practice, at first, the purpose of this crime is to maintain the growing market economic order. Since the establishment of crime of illegal business, the supreme people’s court has issued 20 types of behavior of judicial interpretation, The supreme people’s court increased the behavior of the crime of illegal business every time, Criminal law violation of state regulations, if the circumstances are serious, disturbing the order of market behavior as the crime of illegal business, the emergence of the judicial interpretation will change the meaning of the crime of illegal business.Although the application of the crime of illegal business operation has played an active role in the fight against the market economic order, it is the need of the times, but we had to admit that the introduction of judicial interpretation in recent years, making the connotation of the crime of illegal business operation is gradually showing a trend of expansion, especially to set the crime of illegal business operation in terms of all the details, the crime of illegal business operation is gradually evolved into a universal terms. Evolution of these behaviors will make the crime of illegal business operation have changed beyond recognition, which is contrary to the criminal law of the crime legal principle.In view of the problem of the crime of illegal business expansion, this article has carried on the discussion from the following four parts.The first part is to put forward the problem, the author will elaborate the development course of the crime of illegal business operation from three aspects of legislation, judicature and practice, from the three aspect,the crime of illegal business has been gradually showing the trend of expansion. This trend of development, which is not a short duration of time evolution, is not unilateral occurred, legislative lag, the judicial arbitrariness and social complexity will result in the expansion of the crime of illegal business operation. This expansion will lead to the crime of illegal business is contrary to the legal principle of punishment, the boundaries of the original fuzzy.The second part is the analysis of the problem. The author has mastered the crime of illegal business "disease", combined with the existing laws to conduct in-depth analysis. For example:what is the definition of the crime of illegal business, different scholars on the crime of illegal business have different understanding, the author will consider different scholars point of view, and to know the basic definition of crime of illegal business,in addition, different scholars to article two hundred and twenty-five of criminal law "provisions of the state", "serious" have different understand, The author will combine the existing law analyzed the crime of illegal business.From the concept of the crime of illegal business definition, the key theory of the crime is analyzed on the "state regulations", "illegal acts", "serious" concept to be defined. To re sort the basic concepts of the crime of illegal business operations, and to distinguish the relevant acts in order to better understand the meaning of the crime of illegal business.The third part is based on practice, the author starts with the case of judicial practice, to carry on the simple introduction to the difficult case which appears in the practice and to carry on the analysis to the special behavior problem in the case, in order to be able to have a deeper understanding of the crime of illegal business.The fourth part is to solve the problem, the author will put forward the measures to limit this crime from the three aspects of legislation, judicial interpretation and judicial practice for the crime of illegal business operation in our country. Not only from the legislative level, but also in the judicial practice, the judiciary should strictly exercise their rights in the hands of a scientific and rational interpretation of the judiciary.Based on the theory and practice, this paper discusses the theory and Practice on the basis of the principle of legality, and puts forward the method of compromise in order to solve the puzzle in practice.