Research On The Crime Of Illegal Business Operation

With the implementation of the reform and opening up,China has gradually established the socialist market economy system in the economic field and completed the transformation from planned economy to market economy.Economic base determines the superstructure,along with the economic system reform,the law also need to make the corresponding adjustment,to adapt to the development of the market,such as delete charges were not adapted to market economy development;New crimes are added to combat the continuous renovation of criminal means to maintain the orderly operation of the socialist market economy.In China's highly centralized planned economy period,the state has set up the crime of speculation and profiteering in order to realize effective control of resources.Because of the crime of speculation almost covers all areas of the social economic life,and have serious randomness in applicable,has gradually become the "whole" of everything,once become the object of the scholars criticized,abolishing the rising voices.In 1997,the criminal law established the crime of illegal business operation and deleted the crime of speculation.Since its establishment,the crime of illegal operation has effectively safeguarded the stable development of market economy and maintained social stability.This paper is divided into three chapters.In the first chapter,the author puts forward the focus of the case in the case of a paid delete case of guo and jing,namely,whether it can be regarded as illegal business crime for the illegal operation of guo and jing.The second chapter,from the Angle of theory,describes the legislation of illegal business crime.The crime of illegal business operation in China is compared with that of Russia and Romania.This paper mainly analyzes the objective aspects of the crime of illegal operation in the theoretical circle.In the third chapter,the three elements of the crime of illegal operation are analyzed theoretically,and the legal analysis is made on whether or not the behavior of guo and jing in this case constitutes illegal business operation.Through the consideration of this case,the author analyzes the problems existing in the legislation,judicial and application of illegal business,and puts forward some Suggestions.