Thoughts On The Limitation Of The Expansion Of The Crime Of Illegal Business Operation

It has been 20 years since the criminal law was revised in 1997.In the past 20 years,the crime of illegal operation has gradually changed with the change of times.The judicial application of this crime has been continuously expanded,which has gradually led to the crime of illegal operation becoming a new "pocket crime" on the old road of the crime of speculation.In recent years,the social and academic disputes arising from the cases concerning the application of illegal business laws have also been incessant.However,Wang Lijun's case of illegal corn acquisition is the most controversial and typical case in the academic world.And the Supreme Court restarts The trial procedures of the behavior commuted guilty.But it also had to cause our thinking,expansion of the crime of illegal business is now we needed to face the problem.Based on the Wang Lijun case cited the acquisition of undocumented corn,leads to expansion of the crime of illegal business,through the analysis of the expansion of the crime of illegal business operation,and then put forward limit of the crime of illegal business with suggestions.This paper is divided into five parts:The first part briefly introduces the case of Wang Lijun's purchase of corn without license and the controversial focus of the punishment of the case in the society,and then leads to the expansion of the crime of illegal business.The second part mainly introduces the way to expand the crime of illegal operation.Firstly,it introduces the history of the development of the crime of illegal operation in detail.When the crime of illegal operation was established in 1997,it complied with the requirements of the times.However,in the establishment of the article of law,the form of legislation of blank crime and the provision of "cover" has been adopted.It also lays the groundwork for the subsequent problems of expansion.Secondly,it analyzes the three major expansion paths of the crime of illegal business-"blank crime","bottom clause" and "serious circumstances" of the interpretation of expansion,and then analyzes the expansion of the three major expansion paths of illegal business crime-"blank crime","bottom clause" and"serious circumstances".It points out the problems existing in the expansion of the crime of illegal operation.The third part is the detailed analysis and interpretation of the current criminal law for the expansion of illegal business crime problems and the way to resolve the dispute,Through this analysis,the author's personal opinion on the expansion of the crime of illegal operation is obtained.Part fourth is a proposal for restricting the three major expansion paths of the crime of illegal business,which is proposed in the second part.This part is divided into two sections.Firstly,by using the theory of explanation to regulate the crime of illegal operation,the phenomenon of restricting its expansion has been achieved.Under the condition that the normative interpretation can not solve the problem of expansion thoroughly,a new round of norm setting up of the law of illegal operation crime is carried out by means of amending legislation,so as to solve the problem of expansion of illegal operation crime fundamentally.In the fifth part,the author makes a detailed analysis of Wang Lijun's case of buying corn without a license,and combines the theoretical argumentation of "blank crime","bottom clause" and "serious circumstances" above,and analyzes the personal opinions that are wrong in the judgment of this case.