Research On The Application Of The "sole Clause" Of The Crime Of Illegal Business

Crime of illegal business is a newly established crime in 1997 revised"Criminal Law”.Existing "Criminal Law" on the crime of illegal business uses enumeration and generalization.Lag nature determines impossible exhaustive list of all the criminal acts in the community,and with the free and vigorous development of China's market economy,a lot of new illegal business activities have sprung up.For a purpose of comprehensively overcoming the crime in the economic field,the "Criminal Law" Article 225 sets up the fourth set which is named “transparency provisions”.However,since the establishment the transparency provision of illegal business crime,judicial interpretation of the provision has never been interrupted,and that judicial precedents of some Courts have invoked casually.It leads to the application range of the"transparency provisions" is unlimited expansion.Therefore,it's necessary to strictly limit the application of the fourth set.The current free development of economy and statutory law defects,determine the value of "transparency provisions".It has the elasticity,and the provision allows the flexibility to adapt to market economic development.Due to unreasonable expansion of the judicial interpretation and judicial precedents,extension and connotation of "transparency provisions" are expanded.Based on this,we must strictly limit the application.Specific measures include: clear the definition of "violation of state regulations," a clear standardization of “serious cases”,a certain rang of “other illegal operation" and restrictive limitation judicial interpretation of "transparency provisions".The purpose is to provide some theoretical guidance for application of "transparency provisions".