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On The Unlicensed Operation In The Crime Of Illegal Operation

Posted on:2021-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
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The crime of illegal operation has been criticized by the "crime of mouth bag",but there is no effective measure to restrain it in judicial practice.And because of various new business modes and business models emerging in endlessly,the lag of legal adjustment of social relations and inadequate interpretation of the meaning of the articles lead to the uncontrolled abuse of the crime of illegal business.The main reasons are as follows: first,there are unclear and unclear expressions of the expression and connotation of the relevant articles of the crime of illegal business operation,which leads to different stakeholders' subjective understanding of the same article only based on their own cognition and experience;second,there are irregular and unreasonable interpretations of the words and meanings in the articles of the crime of illegal business operation by administrative organs and judicial organs To cater to the needs of policy attack in a differentiated way.In the introduction,this paper intends to discuss the "unlicensed operation" cases involving the crime of illegal operation,which are widely existing and controversial in practice,and to compare the reasons of judgment and the different academic views,pointing out the necessity of clarifying the connotation and nature of the "unlicensed operation" cases in the crime of illegal operation.Then,the discussion focuses on the illegality of "unlicensed operation".Secondly,the connotation and classification of "unlicensed operation" in criminal law are taken as the angle of investigation to explain and clarify the meaning level.Combined with the provisions of the law,the criminal judicial application of the case of "unlicensed operation" in the crime of illegal operation is explained in detail.Finally,on the basis of defining the theoretical attribute of "undocumented operation" in the crime of illegal operation,the paper constructs the identification logic and handling thinking of "undocumented operation" cases as a whole.
Keywords/Search Tags:crime of illegal business operations, do business without a license, the Criminal Illegality, the Administrative Illegality
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