Study On The Expansion Of The Crime Of Illegal Business Operation And Its Countermeasures

The crime of illegal business has been questioned and discussed by the academic community at the beginning of the establishment of the crime due to the setting of blank counts and pocket money clauses.In recent years,the crime of illegal business has seen a constant expansion in social life.Not only judicial interpretation gradually punishes all kinds of acts as illegal business operations,but also various kinds of judicial practice have emerged,such as second-hand car transaction case,the sale of stale grain case.They are all lawless.Even whether writing an article for somebody constitutes a crime of illegal operation or not has caused widespread concern and discussion in the society.These are constantly challenging the limit of crime of illegal business.Judging from the current development trend of the crime of illegal business,it gradually falls into the "pocket crimes," which has also triggered scholars’attention and reflection on the trend of the expansion of illegal business crimes.What kind of behavior is the illegal behavior of the criminal law?Why did the crime show its gradual expansion?What measures should we take to avoid the harm caused by this expansion?This is a problem that we have to think about and solve.Only by ignoring these problems can we truly and effectively put the control of the crime of illegal business expansion into its original shape.This article takes the expansion of the crime of illegal business as the foothold,and analyzes and discusses it.The content of the first chapter is the introduction,which mainly expounds the purpose and significance of this article’s research as well as the writing ideas of the whole article and the methods used in the writing process.The second chapter provides an overview of the crime of illegal business as a whole.The crime of illegal business was a newly established crime in the amendment of the criminal law in 1997.After the establishment of the criminal law,it immediately triggered the discussion of the academic community.In the aspect of criminal object,by summing up the opinions of scholars,this article believes that the subject of the crime is market access order,and the market access order can reasonably define the illegal business conduct and limit the expansion of the crime of illegal business.In terms of objective factors,this article focuses on the analysis and explanation of three points:"violation of state regulations",specific types of behavior,and "serious circumstances".In view of the fact that the subjective elements and subject requirements of this crime are not related to the content of this article,we will not discuss it here.The third chapter has entered the center of the article.This chapter expands on the basis of expansion.The performance of expansion has appeared in the provisions of criminal law,judicial interpretation,and judicial practice.Reflecting on the reasons for the above-mentioned expansion performance,from a macro perspective,there is a certain relationship with our traditional concept of criminal law,deficiencies in statutory law,and the concept of social standard.From a microscopic point of view,it lies in the issue of crimes and the deviation of the judiciary from legal interests.The danger of the expansion of the crime of illegal business lies in the fact that it violates the principle of legally prescribed punishment for a specified crime and contradicts the modest restraint of the criminal law,and it is not conducive to the development of the market economy in China.The fourth chapter introduces the related legislation of similar foreign crimes and its enlightenment to our country.Through the analysis of the legislative provisions of Russia,Germany,the United States,and other countries,we have rethought the blank crimes and pocket articles in our country’s illegal business crimes.The fifth chapter proposes countermeasures to limit the expansion of the crime of illegal business operations.First,we must reasonably limit the scope of the blank count provided for in the criminal law.Second,we must improve the legal interpretation,strengthen the role of legislative interpretation to limit the expansion of crimes,and abandon the judicial interpretation of the original intention of the legislator and violate the principle of legally prescribed punishment for crimes.Finally,it is necessary to standardize judicial practice,correctly apply all-inclusive provisions,eliminate"secondary interpretations," and cultivate judges to exercise their discretion correctly.