Study On The Pocket And Restriction Path Of Crime Of Illegal Business

Illegal business crime is a charge separated from the crime of speculation in criminal law in 1979,when China's implementation of the planned economy,but with the development of market economy,the crime of speculation will no longer meet the requirements of the times,and in 1997 criminal law to remove the crime,the re establishment of the crime of illegal business crime of illegal business.The special legislative model of blank counts plus fallback provision,to effectively combat economic crime effect at the time,but with the development of judicial practice,the crime of abuse has emerged.Its expression is highly abstract and general,leading to the fuzzy boundary,and the judicial authorities issued a number of the judicial interpretation of the crime of illegal business scope expands unceasingly,various business activities have been identified as illegal business behavior,the crime of illegal business is moving towards new "Pocket" direction.This disorder not only leads to excessive expansion of criminal law intervention in economic life,damage the legitimate rights and interests of business entities,the healthy development of suppression of market economy,and will appear to violate the criminal law and the principle of the restraining spirit of criminal law jurisprudence,authority,seriousness and justice of criminal damage.Therefore,we must pay attention to this problem,the unreasonable restrictions on the expansion of the crime of illegal business.This paper starts from the expansion of the crime of illegal business,lists the current situation of the crime of expansion in the legislative and judicial aspects,analyzes the reasons of the crime in the application of the expansion and the harm caused by the excessive expansion.In order to get more effective restrictions,there must be more in-depth and detailed understanding of the expansion,the author analysis for some controversial issues.Mainly including "violation of state regulations",for the problem of illegal business behavior as well as fourth fallback provision.All the analysis is finally to put forward some countermeasures to solve the problems,the author thinks that to limit the excessive expansion of the crime of illegal business,from strengthening control of legislative interpretation,judicial interpretation,limit the discretion of the judge and the decomposition charges several improved ways.Only curb the crime of illegal business "pocket" of the Zhang Qu expansion In order to better play the role of criminal law to protect the market economic order,and promote the orderly development of the market economy.