The Theoretical Interpretation And Its Application Of The Save Clause Of The Crime Of Illegal Business Operations

The article 225th of the criminal law is the crime of illegal business operation which is set up firstly in 1997.The predecessor of the illegal business operation is the crime of illegal speculation and profiteering which has been abolished.The crime of illegal business operation is used to regulate the behavior of destroying the market economic order frequently in recent years.The first item of the illegal business operation is aimed at monopoly and restricted goods.The second item of the illegal business operation is aimed at business license and approval documents.The third item of illegal business operation is aimed at illegal operation of securities,futures,insurance or other funds to pay settlement business.The fourth item of illegal business operation is other illegal business practices that seriously disrupt the market order that also is called save clause.The accusations included by the save clause are increased quickly and the judge rely on more and more judicial interpretation in the judicial practice.The crime caliber of the illegal business operation is becoming wider and wider.Many business behaviors that have controversy exists are included by the save clause.So the save clause is always mired in controversy.Two typical cases of representative significance are introduced in this paper to show controversy about the save clause and the theme of this paper.Put the save clause into the legal provisions,then make the legal provisions and judicial interpretations to elaborate the purpose and the controversy about the save clause.The author try to make comments about the save clause and introduce other scholars'viewpoints about the save clause.List the range of the save clause to show its function in economic crime.The author introduce what is the save clause and generality and particularity of the save clause in the third chapter.After explaining the save clause,the author try to move back to two typical cases of representative significance and show the author's viewpoint and advice about this in judicial practice.This paper just combine the judicial cases with theory to discuss the dispute and dilemma of the save clause and hope to propose the method to solve the problem.The dispute about the save clause is a long time issue,and many scholars,judges,procurators have their own viewpoints about this.The author just collect the viewpoints and list them.Because the author's theoretical foundation is not solid enough,so the comprehension about the save clause maybe is not deep enough.It is hoped that the advice to the save clause can be accepted and have a right comprehension about the save clause.