On The Application Of "Touting The Bottom Clause" In The Crime Of Illegal Operation

Article 225 of the criminal law stipulates the crime of illegal operation,which is widely known as the "pocket crime" in judicial practice.Due to the general expression of the crime,there is a great uncertainty in the crime,which is mainly reflected in the ambiguity of the relevant provisions of the "other illegal operations that seriously disturb the market order".Because of this kind of uncertainty,there are often excessive expansion of legislation and justice in practice,which makes it more and more urgent to further regulate and clarify the crime of illegal operation.In the process of judicial practice,we should adhere to the same or the same level of standards as the first three paragraphs,to avoid arbitrariness and excessive inclusion.In order to better grasp the applicable situation and boundary of the clause,we should start with the two-tier system,analyze the objective illegal class and the subjective responsible class,and analyze the characteristics of the clause.In the practical application of the sub clause of the crime of illegal operation,there are often competition with other illegal or illegal acts.In civil law,administrative law and other criminal charges,there are some illegal acts not only in line with the crime of illegal operation,but also in line with other charges.It is very difficult to distinguish these charges and determine the nature of the charges.The boundary between accusation and accusation also needs to be clear.Through the discussion of the concept,characteristics and applicable limits of the touting clause of the crime of illegal operation,we can get the difficulties in the application of the touting clause in practice,such as the specific scope of the "state provisions" is not clear,the criteria for entering a crime with serious circumstances are vague,the legal principle of crime and punishment conflicts with the touting clause,and the difficulty in identifying the "illegality" of the new situation.There are a series of problems,which require effective measures in legislation,judicial interpretation and judicial practice to prevent the unlimited expansion of the scope of application and damage the legitimate rights and interests of relevant people.In this paper,while doing theoretical research on the crime of illegal business,we will explore the relevant improvement path,so that the crime of illegal business can be used more reasonably in judicial practice,and play a role in maintaining fairness and justice,mainly including the appropriate expansion and application of the new situation,as well as the reasonable explanation of the limitation of the clause.Through the above part as the main content of the article,this paper deeply analyzes the relevant theories and problems of the crime of illegal operation,and on this basis puts forward the idea of improving the crime of illegal operation.