Research On The Standard Of The Crime Of Illegal Business Operation

Into the crimes can be divided into legislation on the crime standard and applicable standard specification of the criminal law into sin. In the case of criminal law have specific provision, into sin standard refers to the applicable standard specification of the criminal law into sin. Crime of illegal business is on charges of criminal law definitely prescribes that it into the standard sin is the criminal law on the crime stipulated in the constitutions. "Criminal law" article two hundred and twenty-five of this law is not only the standard of the behavior of the listed into the sin, but also specifies the behavior of common standards into sin. After two changes and amendment of criminal law, however, more than 10 a judicial interpretation capacity increment, the crime of illegal business of standard has deviated from the original regulations, there are many problems. These problems both in the legislation, including the problem on the judicial interpretation, also includes the problems existing in the judicial practice. The reasons for these problems are various, such as legislative reasons for the need of the crime, maintain the stability of the criminal law need, etc.; Judicial interpretation on the reasons of abandoned into sin standard and explanation, to lower the standards of crimes and explanation, etc. The crime of illegal business into the standard problems and causes of the problems told us that only rely on the interpretation of the criminal law method is no guarantee that the crime of illegal business is able to correctly apply. We should according to legislation, judicial interpretation and the problems in the judicial practice puts forward Suggestions for the legislation, improve the formulation of the judicial interpretation of the measures are put forward, and also puts forward ways to improve the work of judicial case. Need of special note is that these Suggestions and measures, do not exist in isolation, but as a whole, is the linkage of each other, rather than individual static.