Researsh On The Application Of The Crime Of Illegal Business Operation

The criminal law of 1997 abolished the crime of speculation and set up the crime of illegal business,this crime has become a crime most changes.In February 2017,Wang Lijun was unlicensed to buy corn,and the first instance was identified as a crime of illegal operation,causing a hot debate.Now,although the case has already settled,but can not help but make people reflect the same facts and evidence,the defendant unchanged,in the first instance and retrial,has experienced substantial changes in crime.Suddenly,the crime of illegal business operation is a pocket crime,whether should be abolished,how to carry out the legislative changes,how to perfect the judicial voice as one falls,another rises.In1997 the establishment of the crime of illegal business,and after three times of legislation,judicial interpretation of 20,so that the extension of the crime of illegal business continues to expand,for the crime of illegal business is unlimited,and is reflected in the case of the crime of illegal abuse of the present situation,but also violates the principle of legality.The principle of legality requirements the provisions of the criminal law should be clear and reasonable,but the illegal business operation,set the "national regulations" such a blank counts as well as a list of summary such legislation,and the legislative amendment,a judicial interpretation,the expanding,gradually developed a new "pocket crime".Therefore,in order to avoid the abuse of the crime of illegal business operation,we must analyze the causes of a large number of illegal business crimes on the basis of the existing legislative provisions,according to the principle of legality,and come up with the solution from the legislative and judicial level.This paper will be divided into five chapters.The first chapter is the summarize of the article,which introduces the background and the theoretical significance and the practical significance,the relevent research status,the method of research and the main innovation.The second chapter is the historical evolution and expansion of the crime of illegal operation.Illegal business crime is from the crime of speculation,it is the inevitable development of the times,and it is the abolition of the inevitable development of the times.In the special background of the crime of illegal business operation,the blank countsadd Miscellaneous Provisions,but people don’t think this is the cause of the crime of illegal business operations for the expansion.After the establishment of the crime of illegal operation,the National People’s Congress and the Standing Committee of the National People’s Congress have made three legislative supplements.The Supreme People’s court and the Supreme People’s Procuratorate issued twenty judicial interpretations,and began the expansion of the crime of illegal business.The third chapter shows the concrete manifestation of the expansion of the crime of illegal operation in the judicial practice with specific cases.The crime of illegal operation is an economic crime.It has double illegal attributes.The criminal law stipulates that the crime of illegal operation must violate the state regulations and has a specific case to constitute a crime.Although the criminal law provides for these specific situations,the judiciary has made an expansionary understanding of the case by analyzing a large number of cases,the judicial personnel still made this expansion of the understanding of "state regulations" and "monopoly,monopoly,limit the sale of goods" are expanding its connotation,especially the use of fourth fallback provisions,so that illegal business scope the crime of excessive expansion.The fourth chapter analyzes the reasons for the expansion and application of the crime of illegal operation.In order to make a systematic and intuitive understanding of the reasons,the article from the legislative and judicial aspects of the analysis.Application of the crime of illegal business expansion,is inevitably caused by its special legislation model,including the connotation and extension of the provisions of the state "is uncertain,the standard fuzzy fallbackprovision,and the standard of "serious plot" is not clear,which leads to the expansion of the crime of illegal operation.In addition,the crime of illegal business has a higher starting point due to the establishment of statutory penalty.Under the circumstances of concurrence of articles,all of them are convicted of illegal business crime by heavy law rather than light law.This is also the reason for the expansion of illegal business crime.In the fifth chapter,aiming at the current situation and reasons of illegal business crime expansion,it puts forward the way to restrict the expansion of illegal business crime:limiting the legislative expansion of illegal business crime.The connotation of "state regulations" provisions,to re regulate the fallback provision,determine the standard of "serious".Re arrangement of judicial interpretation and a new mechanism for the interpretation of judges.In judicial practice,the principle of legality is carried out and thewriting of the documents is standardized.