On The Crime Of Illegal Business Operation

Illegal business of provision is part of the destruction of the socialist market economic order offense charges in this type of crime, criminal law in 1997 on the basis of additional decomposition crime of speculation out on. With the continuous development of market economy, the scope of the crime of illegal business also will continue to expand the relevant legislation and judicial interpretation varies, resulting in judicial practice abuse of this authority that the crime was under difficult circumstances constituting other crimes widespread abuse charges tools, therefore, illegal business has gradually developed into the "pocket sin" trend. Crime of illegal business is expanding and abuse has many causes, from the article defining the concept of the crime of illegal business, puts forward regarding the circumstances are serious, the state of that standard, further definition of this crime constitutes Character and Judicial Notice. Starting the analysis from the legislative level substantive reasons for this crime expansion that flawed legislation, namely blank terms and fallback provision set unreasonable, fuzziness also affect defective legislation on judicial produced, including traditional ideas of reversion and justice authority of the judicial determination of the crime expansion apply. This paper proposed by reason of legislative and judicial analysis under domestic criminal law theory and judicial practice corresponding legislative and judicial suggestions to improve the relevant legislation including a clear and fallback provision of the crime of extension of the definition of national regulations connotation, put forward relevant judicial countermeasures include improve relevant judicial interpretation and insist the principle of legality, so that members of the judiciary to exercise its discretion properly in judicial practice, to further improve judicial practice and theory of the crime of illegal business.