The Analysis Of The Case Of Song's Illegal Business Operation

The crime of illegal business operation has played a positive role in the process of rectifying the market economic order,but the content of the market economy is extremely rich and unpredictable.With the development of market economy,more and more new forms of business behavior appeared.These new forms of business behavior may also disrupt the market economic order.Then,NPC Standing Committee and The Supreme People's court through legislative and judicial interpretation expanding the scope of illegal business operation regulation.Many scholars have raised the risk of being abused by illegal business operation,proposed to limit unreasonable expansion,and even some people have proposed to repeal this charge.This article through the Song of the illegal business operation case study,find the reasons for the widening application of the crime of illegal business operation are the plugging items and blank crime.The thesis takes Song and Wang's illegal business operation case as the main line,based on the traditional four-element analysis method.It focuses on the analysis of the objective aspects of illegal business crime.Combined with the case of college student siblings send message use by group SMS send and in accordance with the provisions of article 96 of the 'criminal law' to analysis the scope of the national regulation.And put forward the view that the national regulation must be subordinate criminal law.That is hope to limit the scope of application of the crime of illegal business operation by making clear the blank counts.Combined with the case of illegal operation of Fan and the Shanghai shipping company case,put forward that the standard of comprehensive accreditation should be taken as the basis.Simultaneously,considers about the necessity of social harmfulness and the necessity of criminal punishment,as a standard to Identify serious violation.At last,combines the common features of the three cases in the article.From the view of limiting the applicable scope of the fallback provision,and put forward some opinions on the correct definition and application of the crime of illegal business.This paper holds that the scope of the national regulation and the applicable scope of the fallback provision should be under the premise with legal,administrative regulations and judicial interpretation.In order to limit the applicable scope of the crime of illegal business operation.