On The Applicable Regulation Of The Crime Of Illegal Business

The current narrative style of the criminal law in China is a combination of enumeration and generalization.With the continuous improvement of the social and economic level,their respective economic behaviors are emerging one after another.Some illegal business operations seriously disrupt the market order.However,the law has a lag.It is precisely because the law is lagging behind that the laws enacted by the legislature cannot exhaust all social The occurrence of illegal and criminal activities,so the legislature will use the basic provisions to summarize a certain type of criminal behavior when formulating the law.In order to combat crimes in the economic field and strict national laws,Article 225 of the Criminal Law has specifically set up a bottom-up clause,the fourth item,"other illegal business practices that seriously disrupt the market economic order." Since the enactment of the Criminal Law in 1997,the judicial interpretation of the crime of illegal business has never been interrupted.Judicial interpretation and judicial precedents have unreasonably explained and expanded the "underlying clause" of illegal business crimes,resulting in the wireless application of the applicable standards and scope of the crime.It violates the basic principles of criminal law and violates the modesty of criminal law.The provisions of the criminal law should conform to the principle of clarity and rationality.This is the basic requirement of the law of crimes.However,the provisions of the crime of illegal business do not achieve the maximum possible clarity.Some illegal business operations are still difficult to be clarified through judicial interpretation,and it is difficult to achieve rationality.The state has caused the boundary between the crime of illegal business operation and the general illegal business operation to be ambiguous,and the punishment of impunity has been punished,which has caused an impact on the substantive rationality of the legality of the crime.The principles of clarity and rationality not only limit judicial power but also limit legislative power.To resolve the conflicts between the sinful terms of illegal business operations and the statutory substantive aspects of crimes,it is necessary to strictly limit the provisions of the stipulations in the legislation,strictly limit the judicial interpretation of the “bottom clauses”,clarify the meaning of “illegal national regulations”,and strictly enforce theserious circumstances."The criteria for the determination and the scope of the determination of "other illegal business practices".To achieve the purpose of protecting human rights and combating criminal law,it provides meager theoretical advice for the accurate application of the crime of illegal business.