Study On The Limited Application Of Crime Of Illegal Business

Illegal business crime is one of the crimes decomposed from speculative crimes.In recent years,the application of illegal business crimes has become more frequent in practice.At the same time,these cases are often accompanied by larger disputes,which not only reflects the existence of illegal business crimes.Some issues also reflect the increasing trend in the application of the crime.The inexorable expansion of the crime of illegal business violates not only the principle of criminal punishment in the criminal law,but also has an adverse impact on the development of our economy and society.The industry regulated by the crime of illegal business involves all aspects,and there are more than ten judicial interpretations of this crime.This requires that the restriction on the application of the crime of illegal business must be targeted and grasp the core,so this article will be specific Starting from the case,by selecting typical cases of illegal business crimes in recent years,analyzing the reasons for the expansion of the illegal business crimes,and then proposing a method of limiting the application of illegal business crimes.The research methods of this study are mainly case analysis method and normative analysis method,which are divided into three chapters,the main contents are as follows:The first chapter is the current status of the expansion of illegal business crimes.Three typical cases are selected: Wang Lijun 's “Corn Case”,Du Zhenshi 's “Huabei Case” and Yin Shaowei 's “Laughing Case”.Then I sorted out and analyzed these cases,summarized the focus of the debate in these cases,summarized the expansion trend of the illegal application of crime in practice,and finally explained the harm brought by the expansion of the illegal operation.The second chapter further analyzes the reasons leading to the expansion of the crime based on the expansion trend of the crime of illegal operation summarized earlier.The first is the inherent defect of the crime of illegal business itself,which sorts out its historical evolution,and points out that there are some problems with its legislative model of blank clauses and pocket clauses.It then points out that the definitions of "national regulations" and "operations that seriously disrupt market order" in the crime are unknown.Finally,the ambiguity of judicial interpretation is also an important factor leading to the expansion of the crime.The third chapter summarizes the reasons that affect the expansion of the crime of illegal business,and combines the existing research,and proposes the application of the reduction of the limit of the crime of illegal business.First of all,it is necessary to accurately define "national regulations" and "business operations that seriously disrupt the market order." Secondly,the judicial interpretation of the crime of illegal business also needs to be further limited and clarified.Finally,in terms of judicial application,it proposes a method of court application.And the requirements of the judge's own quality.