Research On The Judicial Application Of The Miscellaneous Provisions Within The Scope Of Legality

China has been a typical statutory country since ancient times,but human society has always been developing along with the rolling tide of history,the law has gradually become disconnected from the times since it was written on paper.The law is not able to cover all the social relations that may occur in the future as people think,that's the inherent defects of law,these defects are also fully reflected in the criminal law.Legislators try to avoid the emergence of legal loopholes,however,due to the congenital deficiency of the law,the limited ability of the legislators and the backwardness of the legislation technology,there's no country's criminal law can cover all crimes accurately and timely.According to the principle of crime and punishment,the criminal law cannot be changed frequently,in order to make the criminal law have a certain degree of stability,and the function of fighting crimes,legislators add some highly abstract,general,and inclusive language to the law,to increase its flexibility in the application of justice,the Miscellaneous Provisions is a typical example.Although Miscellaneous Provisions are operative in judicial practice,it plays an indispensable role in combating crimes,but it is inconsistent with the clarity required by the principle of crime and punishment,if the judiciary don't use it with caution,It is easy to cause the improper expansion of criminal law.Therefore,this article intends to proceed from the perspective of the principle of crime and punishment,taking crime of illegal business operations as example,studying the judicial application of the Miscellaneous Provisions in Criminal Law.By analyzing the characteristics of Miscellaneous Provisions,the relationship between the principle of crime and punishment with Miscellaneous Provisions,and related cases,we can discover the problems in the application of Miscellaneous Provisions,find out the causes of the problems,and explore effective ways to eliminate these cruxes.This article consists of four parts:The first part,a brief introduction of Miscellaneous Provisions.The main content of this section includes the contents and types of Miscellaneous Provisions,the relationship between the principle of crime and punishment with Miscellaneous Provisions.This section also briefly introduces the basic rules and characteristics of the crime of illegal business.The second part,the issue of the Miscellaneous Provisions in application.This section is in the form of cases,analyze the issues that Miscellaneous Provisions present in the application of justice.The third part,the causes of the problems.In this section,the author intends to analyze the causes of the problems from the perspective of judicial concepts and the application of justice.The fourth part,safeguarding the implementation of laws by regulating the judiciary.For practical reasons,the existence of Miscellaneous Provisions is necessary,how to reasonably reduce the ambiguity of the legislative language or to improve the criminal law through amendments is a problem that the legislator must face.Under the premise of acknowledging the flaws in the Miscellaneous Provisions,it is better to stop criticizing it,how to complete it through various ways in criminal justice is the most important thing.The author put forward personal opinions from the aspects of establishing modern criminal j ustice concepts,strengthening the standardization of criminal justice,etc.The author hope to find out the point of agreement between the principle of crime and punishment and the Miscellaneous Provisions,correctly resolve the contradiction between them,and promote the Miscellaneous Provisions to play a greater role in judicial practice.