The Problem Of Expanding And Reducing The Scope Of The Crime Of Illegal Business Operation Research

The crime of illegal business operation is a crime stipulated in article 225 of the current criminal law for regulating market economic order,which is derived from the crime of speculation and profiteering in article 115 of the criminal law in 1979.With the development of China's market economy,the business behaviors of market players breaking through the legal boundaries also show a diversified trend.In order to deal with this kind of change,the scope of the crime of illegal business operation has been expanded.The main manifestation is the over-expansion of legislation,and the phenomenon of "oral punishment" is reappeared.In judicial practice,the abuse of judicial discretion is prominent.This over-expansion of the crime of illegal operation has many drawbacks.For example,it violates the principle of legality,the spirit of modesty of the criminal law,and leads to the abuse of the power of punishment.By examining the expansion of the crime of illegal management,we can find that the reasons leading to this expansion are mainly the limitations of legislation,the corruption of the judicial power to the legislative power and the abuse of judicial discretion.To prevent the re-expansion of the crime of illegal operation from reducing its scope of application,first of all,we should clarify the connotation of "violating national regulations" in legislation,improve the way of expression of the exclusionary clause,and reasonably interpret the legislation.Secondly,in terms of judicial interpretation,we should strictly limit the scope of judicial interpretation and the content of judicial interpretation.Finally,in judicial application,we should adhere to the principle of legality,exercise discretion properly and apply judicial interpretation prudently.