The Question Of The Application Of The Law On The Crime Of Illegal Operation

The crime of illegal business established during the revision of the criminal law in 1997 has overcome the shortcomings of the legislation on the crime of speculation in its predecessor,such as generality and arbitrariness in law enforcement,but it still has a high degree of generality and uncertainty because of its blank charges and peddling provisions.In the judicial practice,due to the error of the applicable law,especially the judicial problems brought by the expansion of the background clauses,the Wang Lijun case selected in this paper reflects the many problems existing in the reality of the crime of illegal business operation.This shows that there are many deficiencies in the legal application of the crime of illegal business operation,which need to be corrected and remedied.Based on the current legislation and judicial practice of illegal operation in China,this paper cites the case of unlicensed corn acquisition by Wang Lijun,and proves that the unlicensed purchase of corn by Wang Lijun should not be regarded as a crime of illegal operation.And further excavates the Wang Lijun case causes the dispute root,discovers our country illegal business crime existence legislation and the judicial problem,and explores the solution method from the root causes of this kind of problem,In order to better safeguard the orderly operation of the market economy and protect citizens' free rights.In summary,this paper is divided into the following three parts:The first part,based on the domestic and foreign research status quo,analyzes the legal application of illegal business crime,which has received much social controversy and concern,to illustrate the significance of the study on Wang Lijun's undocumented purchase of corn.It also introduces the related controversial points of the crime of illegal operation in the application of law,which lays a theoretical foundation for the further discussion on whether the act of purchasing corn without license constitutes the crime of illegal operation.The second part introduces the specific case,clarifies the dispute focus of the case,starts with the subjective constituent elements of the crime of illegal operation,the provisions of "violating the national regulations" and the application of the law of the provisions of the peddling background.Analyze in detail whether the act of purchasing corn without license constitutes a crime of illegal operation.The third part,through the analysis of Wang Lijun's unlicensed purchase of corn,to find out the problems existing in the law application of the crime of illegal operation in China,and to find the way to solve these problems.From the point of view of legislation,this paper analyzes the shortcomings in the legal provisions of the crime of illegal business,and then puts forward several measures,such as modifying the blank provisions of the crime,narrowing the scope of the "state regulation",limiting the provision of the bottom cover,preventing the unlimited expansion of the charges,and so on.From the judicial point of view,according to the reality of the judicial situation,we propose to strengthen the procedural restrictions,regulate the discretion of judges,establish the linking mechanism of administrative law enforcement and criminal justice,and avoid the expansion of two major judicial measures.The introduction of these measures The aim is to perfect the relevant system of illegal business crime in China,to maintain the orderly progress of market economy and to promote the construction and development of society ruled by law.