The Theory Of Crime Of Illegal Business Out Of Terms

When the criminal law was revised in 1997,the original "speculation" act of the penal code was re planned and disassembled,the "crime of speculation" was abolished,and the new "crime of illegal operation" was established.However,the newly established crime of illegal business has caused a lot of waves in the criminal law circle,and fourth of the provisions have become the focus of controversy.The academic circles have discussed whether the establishment of this clause is conducive to the protection of national freedom,whether it violates the principle of the crime and whether it should be abolished.This article holds that the submission of illegal operation crime has its theoretical basis and realistic basis.It does not violate the principle of legality and is consistent with the political and economic background of the initial socialist market economy in China.But because of the continuous expansion in the application of judicial practice,this crime tends to "pocket" tendency.This article adheres to the rational and scientific concept of criminal justice,objectively analyses the crime of illegal operation in the economic background of the transition period,and strictly limits the connotation and extension of the sole clause of the crime of illegal operation in the basic position,and resists the unlimited expansion of the sole clause of the crime of illegal operation in judicial practice,and hopes to pass the illegal classics.The study of the sole clause of the crime of camping is intended to correctly understand the original meaning of the lawmaking of the sole clause of the crime of illegal operation and thus better apply the clause in the field of justice.The full text is divided into four parts,the main contents are as follows:The first part discusses the legislative basis and realistic basis of the bottom line provisions of the crime of illegal business operation,and makes clear the necessity of the existence of the clause.The second part,through a reasonable explanation,clarifies that the sole clause of illegal operation crime does not deviate from the legal principle of crime and punishment in legislation,does not exist excessive expansion and meets the requirement of modesty of criminal law,and then indicates the view that the crime of illegal operation should be retained.The third part combs the judicial situation of the illegal business crime,and analyzes the problems and reasons in judicial application.The fourth part discusses how to correctly understand and apply the provisions of illegal business crime in judicial practice,which is also the focus of this article.In order to strictly limit the interpretation as the main direction,the principles should be followed in the interpretation of the interpretation,and the boundaries of "violation of state regulations","serious disruption of market order","serious circumstances" and"other illegal operations" are clearly defined.