Research On The Limitation Of The Expansion Of Illegal Business Crime

The predecessor of the crime of illegal business was the crime of speculation in 1979.In order to cope with the rapid development of the market economy,legislators believe that if there is no room for a pocket of economic crimes such as illegal business crimes,and the provisions are too specific and uncertain,they will not be able to punish the patterns in a timely and effective manner.Renovation and endless stream of various economic crimes will also shake the stability of the Criminal Code.Therefore,the legislators have fully exerted the legislative wisdom and adopted a legislative model that combines the "blank guilty + plugging clause" to design a crime of illegal business with both summary and enumeration,and expects that the provisions of the missing addendum can be timely met.The needs of the development of the market economy and give play to its flexible and mobile advantages.However,with the continuous advancement of the rule of law and the principle of the legality of the criminal law in the criminal law field has been implemented in depth,which has led to frequent complaints about illegal business crimes in which the legislation is unclear,the judiciary is not strict,and the state is expanding.Therefore,it is necessary to fully grasp the essence of the expansion of illegal business crimes,to conduct research and analysis on the elements of the crimes that are more controversial in the crime of illegal business,and to rationally restrict the further expansion of the crime of illegal business under the guidance of the principle of legality of crimes became the problem.The full text is mainly divided into the following four parts:The first part is the general part of the crime of illegal business.It introduces the basic definition of the crime of illegal business,sorts out its legislative evolution,and analyzes the constituent elements of the crime from the four aspects of subjective and objective.The accurate grasp of legal interests helps to distinguish between sin and non-crime,the boundary between this sin and sin,thus helping to limit the excessive expansion of the crime of illegal business.Therefore,for the determination of the object of this crime,it is necessary to clarify the essence of the law and interests protected by this crime.The identification of the objective aspects of the crime of illegal business is mainly carried out in three aspects:the premise of the establishment of this crime,that is,the "violation of the state regulations",the types of behaviors determined by the law,and the "severe circumstances" of the degree requirements.The identification of the subject is mainly concerned with the determination of the subject of the unit responsible for this crime,and the subjective aspect is mainly aimed at the illegal understanding of this crime.The second part,through the legislative process and judicial interpretation,aims to reveal the problem of excessive expansion of the crime of illegal business,and this expansion of this crime is manifested in the scope of legislation and judicial interpretation to include more and more illegal business operations into the crime of illegal business,and the expansion of the business subject,object and business mode of the crime.The third part starts with the harmful consequences caused by the excessive expansion of illegal business crimes,and proposes to limit the expansion of the crime of illegal business,aiming to put a "sealing rope"on the illegal business crimes with the trend of alienation;and from the legislative and judicial channels to put forward proposals to impose reasonable restrictions on the crime of illegal business.Specifically,the legislative approach is to impose strict restrictions on the existing law of this crime on the basis of strictly implementing the principle of legality of the crime,the principle of modesty of criminal law,and adhere to the social protection function and human rights protection function;the judicial approach is to construct a sound legal interpretation system on the one hand,The judicial decriminalization of the crime is promoted through substantive investigations on the social harm,personal danger and plot of the behavior.The fourth part proposes supporting measures to restrict the expansion of illegal business crimes,and further restricts the excessive expansion of the crime of illegal business by establishing measures such as the two-law system of execution.