Crime Of Illegal Business Research Out Terms

Since 97 of the criminal law set up the crime of illegal business,theoretical research and judicial practice to the understanding of the crime of illegal business,especially the understanding of the fourth out terms,there are a lot of disputes and differences.Controversy surrounding the main clause whether belong to the crime of "pocket",whether should be abolished,in favor of civil liberties,the current judicial interpretation is contrary to the doctrine of a legally prescribed punishment,whether the current judicial interpretation to illegal business crime out terms of punishment expansion and so on.The author believes that the crime of illegal business out terms exist theoretical background and realistic foundation,not deviating from the doctrine of legality and in violation of the austerity of criminal law,and at the beginning of the socialist market economy in our country's political and economic background.At the same time,this paper attempts to stand in the perspective of social standard(super personal protection)of interests and objectivism standpoint,guided by the theory of functional explanation,based on the judgment of substance of illegality in refactoring crime of illegal business out the terms of the interpretation rules,advocates the concurrence of "imagination" and try to adjust the illegal business crime out clause to the direction of legislation.Full text consists of five chapters,the main content is as follows:The first part briefly expounds the content of the crime of illegal business laws,on out clause has carried on the brief introduction,clarify the purpose and significance of this writing.The second part discusses the theoretical background of out terms is the need of legal stability and closely the needs of the criminal law,and its existence has a realistic foundation is current market economic development degree to the terms and conditions to maintain the market order.The third part illustrates the crime of illegal business out the terms of the judicialstatus quo,including the current judicial interpretation and prosecution criterion,and lists the theory about the provisions in the remaining waste point of view.The fourth part rejected by logical reasoning about this clause deviates from the crime legal doctrine,in violation of the austerity of criminal law point of view,and that the existence of the current terms of out not against the internal requirement of market economy,current judicial interpretation also have no excessive expansion.The fifth part is the core of this article,to reconstruct out terms of the theory of functional explanation of criminal law interpretation rules,clear the application of the provisions of the state and if the circumstances are serious,advocate the application of the concurrence of "imagination" in judicial practice,try to adjust the direction of legislation out terms.