Research On Illegal Management Crime

This article is a case analysis article which analyzes the case from the perspective of jurisprudence.It is slightly different from previous studies on the crime of illegal operation from a theoretical perspective.The paper takes the Inner Mongolia farmer Wang to buy "the corn case" as the starting point.From the elements of the crime of illegal operation,this paper discusses why there are two different trial results in the trial of this case(namely,the people's court has identified it as a crime of non legal operation,but the court of retrial is not guilty of crime.").At the same time,on the basis of the analysis of the case and the many problems in the judicial practice of the crime of illegal operation,this paper has made a profound discussion on the basis of the summary,and puts forward some relevant suggestions for legislative perfection.In addition to the introduction and conclusion,the thesis is divided into four parts:The first part,after a brief review of the corn case,makes a detailed analysis of the court's trial situation and the focus of controversy.The second part: after a simple exposition of the concept of the crime of illegal operation,it focuses on the criminal legislation and relevant judicial interpretations of the crime of illegal operation,and analyzes many problems,such as the new "bag crime," in the judicial practice.The third part,combined with the constitutive requirements of the crime of illegal operation,is specific to the legal analysis of the case;this part is mainly a concrete analysis of the four components of the crime of illegal operation,focusing on the way of objective behavior on the basis of the relevant cases,mainly including three aspects: first,the behavior person is violated.Anti state regulations;secondly,the perpetrator engaged in illegal business activities;finally,the action was serious.On the basis of the above analysis on the theoretical level of illegal business crime,this paper makes an analysis of Wang 'behavior of purchasing corn.The fourth part is the conclusion of the study and suggestions for improving the crime of illegal operation.This part of the author first is a complete combing of theprocess of the legal qualitative case of this case;secondly,based on the study of this case,the author has drawn several relevant suggestions,that is,to limit the scope of "state regulations",to clear the standard of "serious plot",to limit the provisions of the bottom of the pocket to a reasonable scope and to control the criminal discretion.Right and the establishment of two methods of convergence mechanism;finally,my new understanding of the crime of illegal operation.