Research On Judicial Cognizance Of Illegal Business Crime

Illegal business crime is a charge of 97 "criminal law" in the new,its predecessor is the 79 "criminal law" in the crime of speculation.The crime of illegal operation is characterized by the adoption of the legislative mode of the blank charge and the sole clause.The expression has a high degree of generality and abstractness.The judicial interpretation and judicial practice have expanded the crime to different degrees in different degrees,which makes the expansion and application of the crime frequent.With the development of the market economy,the incriminating and offense of some new market anomie are controversial.There is a dispute in the application of the current relevant laws and judicial interpretations in our country.There are different views on the identification of these behaviors in theory,which also causes the practice circles of our country to the illegal classics.There are different criteria for the crime of camps,and the application of this crime presents a generalization trend in judicial practice.Therefore,it is necessary to study and identify the above behaviors.The author,taking four typical cases in practice,combines the theory of criminal law with judicial practice,and tries to analyze the specific elements of the crime of illegal operation from different angles,in order to get more practical conclusions and provide a reasonable reference standard for judicial practice,and then it can be effectively restricted.The general application of this crime.Based on four typical cases,this paper discusses some disputes related to this crime,and leads to the theme of this article.First,the legal benefit dispute of the crime of illegal operation is derived from the case of Xiao Mou and Li's unlicensed operation of waste oil.The conclusion of the three main doctrines of the legal interest of the crime is compared,the conclusion of the legal benefit of the crime is the conclusion of the order of market admittance,and the relevant theories of the order of market admittance are combed;and then the original crime is elicited by Li Mou's brushing a single case.The article defines the connotation and extension of the "state regulations",and then analyzes Li's behavior in the case by theoretical research,and concludes that Li's behavior should not establish the conclusion of the crime of illegal operation;then the case of the prostitution of a certain organization leads to the behavior of the crime.The definition of the elements,that is,the related disputes of "illegal operation behavior",distinguishes the illegal business behavior from the general illegal act,and analyzes the difficulties in the identification of "other serious disruptions of the market order" in the bottom of the crime.The case of the production and operation of the seed leads to the degree of the crime,that is,the relative dispute of the "serious plot" standard,and defines the extent of the degree of the degree,and finally draws the conclusion that Chen does not constitute a crime.