| The era of statutory crimes has come with the advent of a risk society.As a new statutory crime in the 1997 Criminal Law,the crime of illegal business was born out of the speculation of being widely criticized,and the sin was ambiguous.The conviction was fierce and widely recognized as one of the pocket crimes of the new era.After the replacement of the criminal law in our country,we have stripped away other acts of the original speculation and sinned crimes,and only converted the resale behavior in the original sin into illegal business.The crime of illegal business is based on the criminal lawlessness and has the double illegality of administrative malfeasance and criminal lawlessness.The "administrative dependence" of the crime of illegal business lies in the way of administrative licensing of the operation of special items in the sale of the "Administrative Licensing Law" in China.The sale of goods without administrative permission constitutes the administrative malpractice of the crime.According to the legislative evolution of illegal business crimes and the property of statutory offenders,the scope of application of this crime is limited to the reselling of special items that violate the relevant laws and regulations of the state administrative licensing.From the two aspects of legislation and judicial application,it can be known that there is an expansion of the crime of illegal business.In legislation,the blank guilt of the crime of illegal business is not clear to the national regulations on which it is based,and the relevant state regulations are not perfect yet;the crime of illegal business is a statutory offence,and the legal gains are recognized by natural legislative defects;Explain the problem of unclear or missing national regulations on which the basis is based;the shortcomings in these three kinds of legislation have resulted in poor connection between criminal law and administrative laws and regulations,which has led to the phenomenon of illegal expansion of legislation and the expansion of judicial application.Provide possibilities.Judicial application,because the judicial personnel often ignore the application of the blank crime of illegal business,the different understanding of the "national regulations" and the identification of multiple illegal business activities beyond the scope of the crime,so that the crime exists in judicial practice The problem of expansion.The crime of illegal business has the expansion of criminal legislation and judicial practice,which not only conflicts with the principle of criminal law and the principle of modesty ofcriminal law,but also is not conducive to the development of market economy.In order to limit the crime of illegal business to a reasonable scope of application,the expansion of the crime should be reduced from the upper limit of legislation and judicial application to better adapt to the advent of the statutory age.On the one hand,criminal legislation and pre-emptive laws,regulations and other relevant provisions on the crime of illegal business should be improved,the accuracy of legal terms should be improved,the legal benefits of the crime should be clarified,and the contradiction between judicial interpretation and criminal law provisions should be resolved.On the other hand,we should pay attention to the application of the blank crime of illegal business crimes,from the fact that the behavior "disturbs the market order",and the types of administrative licenses and related administrative laws,regulations and other provisions that are based on the illegal business crimes.The judgment of criminal illegality depends on the establishment of administrative illegality,but it is also independent of the establishment of administrative illegality.The relationship between administrative malfeasance and criminal malfeasance should be clearly defined,and the natural connection between the legislation and the judicial application in the process of promoting the crime of illegal business operation should be clearly defined. |
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