Research On The Expansion Of Illegal Business Crimes In The Internet + Era

The dispute about the expansion of the crime of illegal business has a long history in the academic and judicial world.Since China entered the Internet+age,the crime of illegal business has opened up a new round of expansion,leading to more and more controversy related to it,which is closely related to the Internet+ages'high-tech and innovative features.The expansion of the crime of illegal business operation in the Internet+age is mainly reflected in the process of judicial application.On the one hand,judicial organs with other departments issue normative documents with the nature of judicial interpretation to bring many new types of business activities into the scope of regulation of this crime.On the other hand,the judicial staff in judicial practice excessive use the discretionary power,such as the "network water army",sales of online games plug and other emerging issues in internet are identified as illegal business crime.The expansion of this crime in the new age has many reasons:First,the subjective choice of judicial application.The emergence of all kinds of chaos caused by Internet+new economic problems has greatly promoted the prevalence of the domination of network governance.At the same time,the traditional concepts of criminal law,such as "punishment for evil" and "severe punishment",are still quite popular in China,and people's desire to solve the emerging problems of the Internet is extremely urgent.At this time,judicial organs choose to expand the judicial interpretation and use the discretionary power in order to effectively solve the existing problems.Second,the constitution of crime itself is ambiguous.The identification of the object of the crime of illegal business is lack of clarity,the blank description of crime to be determined in the objective aspect of the crime itself has potential expansion,and the identification standard of "serious circumstances" is sometimes absent,sometimes too simple.This series of expansion problems go against the principle of legality of crime and punishment,the tolerant rule of criminal law,blurred the boundary between crime and non-crime,this crime and that crime,and obstruct the development of Internet+economy.Therefore.China should actively promote the reasonable regulation of the expansion of the crime of illegal business operation in the Internet+age.While preventing the expansion of the crime,China should also take into account the new problems in Internet business activities.In order to achieve the above purposes,we should re-focus on the criminal constitution and description of the crime of illegal business,and analyze the establishment and identification of the three lines of defense,namely,the object of the crime as the substantive threshold,the "national regulations"as the precondition,and the "serious circumstances" as the quantitative standard,combining the words of hundreds of thoughts and the current situation of practice.After fully interpreting these problems,we put forward the following concrete countermeasures for operable restriction and expansion:First,we should promote the approach of the domination of network governance to network realism,and further implement the principle of legality of crimes and punishment and the concept of modesty of criminal law.Second,in the aspect of legislative countermeasures,we should perfect and clarify the object of the crime of illegal business through legislation,and list the "subsidiary criminal law" in the "national regulations"involved in the charge.Third,in the aspect of judicial application,three lines of defense should be taken as important references to strengthen the scientificity and legitimacy of the formulation and application of judicial interpretation.In addition,it is necessary to promote the in-depth standardization of the writing of judgment documents and the Internet in judicial practice.Fourth,we should actively advocate the construction of collaborative governance mechanism with multi-subject participation and realize the convergence of multi-level social norms.In particular,it is necessary to scientifically understand the position of the crime of illegal business in this mechanism,not only to affirm its unique role and irreplaceable status,but also to clearly recognize that the crime is not a "universal clause",and its scope of regulation should not be expanded.