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Research On Expansion Problems Of Crime Of Illegal Business Operations

Posted on:2018-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiuFull Text:PDF
GTID:2416330536475489Subject:Law
Abstract/Summary:PDF Full Text Request
It was the first time for the crime of illegal business operations has been provided in the 1997 Criminal Law.With the development and change of the whole society,this accusation,to a large degree,has extended in the legislation field and juridical practice field.Especially,a large amount of judicial interpretation have been provided,which has extended the range of this crime from sale of specific goods,sale of specific license,bond field,insurance field and futures field to the common goods,drug,medicine publication,tobacco industry,communication industry and foreign currency field.This dissertation aims to analysis the extent phenomenon of this crime.There are there main parts:The first part of this paper is in order to introduce the legal interest,extent phenomenon.There are there main points in academic field about the legal interests:(1)the market order;(2)the management order;(3)the activity of market management.In my opinion,the legal interests of the crime of illegal business operations should be the narrow sense order of market access.They are rules and regulations,which made by government to limit companies to enter the special field in the market.Nowadays,the extent of the crime of illegal business operations has been find in the legislative amendments,judicial interpretation and judicial practice.Some judicial interpretation and the result of judgments are not reasonable.The second part introduces the reasons of extent and the damage of the unreasonable extent.There are three reasons contribute to this issue:(1)the limitations of statute law;(2)the general protection clause;(3)influence of the Chinese traditional culture.Bringing those business behaviors,which do not match the constitution of the crime into the crime of illegal business operations has brought a drawback to the principle of a legally prescribed punishment for a specified crime and authority of criminal law.It also does not match with the restraining criminal law and the value of market economy.The third part contributes to the necessary of existent of the crime of illegal business operations and the suggestion about limitation.In term of legislation,it should be to increase the number of legislation interpretation,improve the general protection clause and dividing this crime reasonably.In term of judicial interpretation,it should be strictly limit the constitutor of the interpretation and make the right clearly.Furthermore,in order to avoid mixture of the judicial interpretation and regulation of criminal law,teleological interpretation,which is focus on the legal interests,ought to be used in the process of making judicial interpretation.
Keywords/Search Tags:the crime of illegal business operations, expansion, principle of a legally prescribed punishment for a specified crime, judicial interpretation
PDF Full Text Request
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