Research On The Connection Between Administrative Violation And Criminal Crime In Illegal Business Cases

The crime of illegal business is an administrative crime.The legislative mode of blank guilt and stipulations makes it difficult to distinguish it from the illegal business operation with only administrative illegality.As a result,administrative violations and criminal offences in such cases are not well connected,causing illegality.The crime of business operation is magnified,and the space for administrative regulation is unreasonably compressed.Therefore,this paper focuses on the connection between administrative and criminal offences and studies illegal business cases.The paper is divided into five parts,with a total of about 31,000 words in addition to the introduction and conclusion.The main contents are summarized as follows:The first part is the practical dilemma of the connection of executions in illegal business cases.The practical dilemma of the connection between the execution of illegal business cases is mainly manifested in three aspects: the excessive expansion of the crime of illegal business operations,the unreasonable compression of administrative regulation space,and the controversy over the identification of crimes caused by administrative licensing.The second part is the theory of the connection of executions in illegal business cases.This paper summarizes and analyzes the three main theoretical disputes in the execution of illegal business cases,including the administrative and criminal boundaries,whether the licenses block administrative crimes,and the effectiveness and retroactivity of the appointment of administrative norms.In the debate on the boundary between administrative violations and criminal offences,this paper agrees with the theory of quality differences and believes that it fully expresses the difference between administrative and criminal offences.The third part is the crux of the problem of the connection of execution in illegal business cases.The problem of the connection of executions in illegal business cases is mainly based on the following reasons: the unclear expression of the crime of illegal business operation,the expansion of judicial interpretation of illegal business operations,the abuse of discretion in practice,the historical origins of speculation and the failure of the administrative management means to fully play its role..The fourth part is the analysis of the path of execution of illegal business cases.In order to realize the smooth connection between administrative violations and criminal offences in illegal business cases,it is necessary to clarify the criteria for determining the crime of illegal business operations.This part mainly introduces the theoretical guidelines for promoting the smooth connection between administrative illegal and administrative crimes in illegal business cases and analyzes the specific path of illegal business crime identification from two aspects of quality and quantity.The fifth part is a perfect plan for the connection of executions in illegal business cases.This part mainly introduces the specific measures to improve the connection of executions in illegal business cases from the aspects of administrative and criminal law.The administrative aspects include giving full play to the practical effects of administrative management methods and strengthening the unified coordination between administrative legislation and criminal law.The criminal law path is mainly revised.Legislation,strict judicial interpretation of the content and procedures and regulation of the exercise of discretion.