The Analysis Of The Criminal Law’s Article 225 Item 4’s Rationality

The provision of Article 225 of the current Criminal Law is The Crime of Illegal Business Operation.But after the Article was regulated,it is frequently amended or interpreted.So the law science field and the judicial field have many controversies on the Crime.Most of them focus on the topic that the Crime gradually became a “pocket crime” whether because of Article 225 Item 4 which is in violation of the definite requirement of the legally prescribed punishment Principle or not.But in my eyes,I argue that Article 225 Item 4 is not in violation of the definite requirement and the existence of it is rational.My purpose of writing this thesis is to discuss it,and I hope it can have a positive role on settling the relevant disputes,and at last the Crime can be better applied in the judicial practice.I adopt empirical research methods in the thesis.And I have a deeper understanding of Article 225 Item 4 After reading a number of criminal judicial judgments.This dissertation consists of five chapters as follows:In the Part 1,I raise the research question that the existence of Article 225 Item 4 is whether rational or not.In this part,I begin with a case’s argument,then start to analyze the topic of my thesis.Of course,I also introduce this research’s significance.In the Part 2,I discuss the question that Article 225 Item 4 is whether in violation of the definite requirement or not.Because the actions of Article 225 Item 4 should be similar with the actions of the previous three.What’s more,only grasping the essence of the Crime,can we grasp the scope of Article 225 Item 4 and grasp the definite requirement.In the Part 3,I introduce the scope of the “State Provisions”.Because one of applying Article 225 Item 4’s prerequisites is that the illegal business operation action is in violation of “State Provisions”.So only the Judiciary finds the specific “State Provisions”,can they further analyze whether the suspect violates Article 225 Item 4 or not.Although the Article 96 of the current Criminal Law regulates “State Provisions”,how to grasp the scope of it is also a very puzzling trouble in the juridical practice.So I hope my this thesis can give a clear scope of it.In the Part 4,I review some related judicial interpretations.Since Article 225 Item 4 doesn’t have any problem,the key problem is that there are so many non-standard related judicial interpretations that the problems in the juridical practice are easy to come.In the Part 5,I come to a conclusion in order to deepen the topic of this thesis.And at last I put forward three suggestions to prevent the Crime from becoming a “pocket crime”.