Study On The Solution Of "pocket" Trouble Of The Crime Of Illegal Business Operation

Wang lijun,a farmer comes from Bayannaoer,Inner Mongolia has been identified as crime of illegal business operation because he purchased corn from other farmers without permition.The judgement aroused a new round of about crime of illegal business operation.The crime of illegal business operation is created by decomposing the crime of speculation that has been abolited in 1997.the legislator adopted blank terms and roundup provisions.After the twice modify by the criminal law amendment and many judicial interpretations expand its connotation,the crime of illegal business operation has became a virtually all-inclusive crime,also called "pocket crime".The negative effects of the "pocket" trouble of the crime of illegal business operation mainly concentrated in criminal law theory,economic sphere and judicial practice.In the area of the criminal law theory,the improper expansion violate the principle of legality and the modest spirit of the criminal law;in the area of judicial practice,the improper expansion of the crime will cause the same type of case has the different result;in the area of economic sphere,the improper expansion of the crime not only violate value of the market economy but also incompatible the fundamental of the law and Economics.the "pocket" trouble of the crime of illegal business operation Should be resolved from the following three aspects.Firstly,in the legislative area,one must first correctly understand the scope of the "stipulations of the state" and clear the characteristics of the illegal business behavior;in the area of the judicial interpretation,we should first guarantee the authority of the judicial interpreter and uniform content at the same time;in the area of judicial practice,judicial officers should analysis the case comprehensively and use their discretion more reasonable.