Research On The Application Of The Crime Of Illegal Business Operation

The stipulation of the crime of illegal business operation combines the legislative methods with uncertain factors,such as blank counts,sentencing elements and miscellaneous provisions,which makes the identification standard of the crime unclear and presents a trend of continuous expansion in legislation and justice.Based on the analysis of the current situation of the application of the crime of illegal business operation in the four level courts in China and the specific scenes of the application of the crime of illegal business operation,this paper points out that there are some problems in the judicial application of the crime of illegal business operation,such as the ambiguous constitutive requirements,the unclear identification of the criminal object,the inconsistency of the rules of the criminal legal interpretation and the inadaptability to the new economic form.This paper holds that the content of "the violation of the state regulations" in the general provisions of the crime of illegal business operation must be limited to the contents clearly stipulated in the law and administrative regulations.The determination of "serious circumstances" should refer to the amount of illegal business,and apply different judgment standards to different illegal business activities on the basis of distinguishing the content of "the violation of the state regulations"."Other illegal business activities seriously disturbing the market order" should be limited to the infringement of the market access order,rather than the general market order.At the same time,we should adopt the rule of homogeneity and the principle of legality in the interpretation of criminal law.Finally,the application of the crime of illegal business operation needs to make adaptive adjustment to the new illegal business operation,so as to achieve the unity of cracking down on illegal crimes and ensuring the normal development of social and economic life.