The Theory About Crime Of Illegal Business Scope Of The Judicial Limit

The crime of illegal business operation as a charge in the criminal law of our country currently the most controversial, scholars of the criticism and the most criticized, since its birth, doomed becomes a focus of debate ". This crime is one of the three "notorious" pocket crime from the 1979 "criminal law"-- crime of speculation decomposition derived from a kind of crime, in 1997, "criminal law" Article 225 of the crime provisions have been made, however, is set by the intercept terms, resulting from the charges from the appearance, the "pocket crime" has become increasingly obvious characteristics of being "criticism." It can be said that the crime of illegal business is \"love\" and \"hate\" of a crime. Is the place of \"love\" as it striking a variety of economic crimes, helped protect the normal order of the socialist market economy; is the place of \"hate\" as that should not be affected by the criminal punishment have been criminal penalties. In this paper, the limitations of the scope of judicial application of the crime as the focus of research, both theoretical research and practical significance, but also for the judicial practice more accurate grasp of its application to provide a reference.The main content of this paper consists of four parts. The first part introduces the basic theory of the crime. From the basic problems on this crime legislation origin, basic concepts, and constitution of a crime of recognizing the crime of "reincarnation", this crime to clarify the basic definition and a clear distinction between the crime and non crime, this crime and other crime boundary. The second part mainly analyzes the problems existing in the crime of illegal business in the applicable process, through in-depth analyses the reason of these problems, to put forward countermeasures to lay the good foundation. The third part mainly introduces the foreign legislative cases of illegal business crime, through cognition and understanding of foreign legislative cases of illegal business crime, to perfect the legislation of crime of illegal business in China and provide beneficial reference for judicial application. The fourth part is the author put forward the Suggestions of perfecting our country's illegal business crime in judicial practice. Through the article the first three parts of gradual introduction and analysis, to reveal the truth of the crime of illegal business is a pocket crime, the fact of the expansionary is fully displayed. Therefore, in order to reveal the principle of a legally prescribed punishment of criminal law and human rights protection features, must be conducted on the scope of judicial application of the crime of illegal business restrictions, the author of how to strictly limit the scope of judicial application of the crime of illegal business put forward constructive Suggestions.Through the four parts, can draw the conclusion: the crime of illegal business we shall start from the protection in the development of market economy of the positive and negative role to the dialectical analysis, in the current circumstances, it is necessary to keep the charges, but strictly limit its scope of application is also required.