Research On The Scope Of Application And Regulation Of Illegal Business Crimes

Our country is now in the economic transition period,the market economy system also changes accordingly.In order to better adapt to the development of economic foundation,the law of the superstructure and the legislative method of economic criminal law have changed greatly.Therefore,in order to ensure a good environment of free competition in the market economic order,criminal law is involved.When China amended the criminal law in 1997,it was abolished because of the lag of the application of speculation and the setting of its crimes,so the crime of illegal operation was set up.Because of the limitations of the law and law is unable to end list all illegal and criminal behavior,and the change of the continuous development of market economy,many legal provision of the illegal business behavior.On the basis of this practical considerations,and in order to better fight crime in the economic field,the legislator has set up the bottom clause of the crime of illegal business operation.Because of the limitations of the legislation,when the legislator is unable to enumerate all the circumstances,the bottom clause is often used widely in criminal legislation in the world as a kind of legislative technology.As a legislative technology,out wrong or terms and conditions of the existence,but the illegal business crime in our country's present criminal law is the blank crimes mode,law itself has certain abstractness,and later in order to crack down on all kinds of new disturbing the order of market behavior,frequently make legal interpretation,the crime of illegal business scope expansion trend of more and more obvious.Therefore,how to grasp the nature of the crime of illegal business,understand correctly to interpret and apply it out terms,view their expansion problems comprehensively and objectively,regulate their unreasonable expansion,to prevent the trend of "whole" is the legislators,judicial and academics on topics of mutual interest.This paper first outlines the basic concept of crime of illegal business and legislative characteristics,through the illegal business crime in legislative,judicial,practical aspects of development course,describes the present status of its expansion,to ask questions.Then it analyzes the reasons for the expansion of illegal business crime and the harm caused by this expansion.It can be seen that this trend of expansion has a long history and is caused by many reasons.Such as the limitation of legislation itself,the freedom of judicial interpretation and the complexity of society.This expansion trend of crime of illegal business scope,in violation of the principle of statutory crime,played down the crime of illegal business original boundaries and squares away from the austerity of criminal law of the spirit,conflicts with the free competition of the market economy concept.Therefore,it is urgent to regulate the unreasonable expansion of illegal business crime.Finally,on the basis of the research and analysis of the above problems,this paper expounds the ways to solve the problem of expanding the scope of the application of the crime of illegal business operation.This paper analyzes the current situation,causes and harms of the expansion of illegal business,and puts forward some measures to limit this crime from the aspects of legislation,judicial interpretation and judicial practice.It is hoped that this paper can provide effective suggestions for the expansion of the scope of the regulation of illegal business.