Research On Judicial Interpretation Of Illegal Business Crime

As an important crime in the field of economic crime,the crime of illegal business operation was established after the crime of speculation was decomposed.In recent years,with the increasing number of judicial interpretations of illegal business crimes,the scope of regulation of this crime has been continuously expanded,and there has been an unreasonable trend of expansion.This paper starts with the general situation of the legislation of illegal business crime,makes a statistical analysis of the illegal business cases in the reference of criminal trial,and analyzes the problems existing in the judicial interpretation of illegal business crime by combining with judicial cases.Through the research,it can be found that there are some problems in the judicial interpretation of illegal business crime,such as non-compliance with the "state provisions",analogical interpretation,violation of the principle of definiteness,unreasonable amount standard setting.By exploring these problems,this paper reflects on the shortcomings of criminal judicial interpretation in China and analyzes the causes of related problems.From the perspective of criminal legislation,the legislation of criminal law in China lags and the interpretation of criminal legislation is insufficient.From the perspective of criminal justice,the system of judicial interpretation right in China is unreasonable,the methods of judicial interpretation are inadequate,and the judicial organs are excessively dependent on judicial interpretation in judicial activities.To solve these problems,this paper argues that the crime of illegal business crime can be appropriately amended at the legislative level,and the threshold of the crime can be raised by modifying the preexisting legal conditions of illegal business crime from "state provisions" to "laws and administrative regulations".In addition,the legislature should introduce legislative interpretation on the crime of illegal business operation and play its supplementary role.At the judicial level,we should standardize the main mechanism of judicial interpretation and establish the corresponding procedure of judicial interpretation to ensure the rationality and legality of judicial interpretation.By protecting the independent status of the judicial organs,the unreasonable interference of the highest judicial organs in the process of exercising the power of judicial interpretation can be reduced.