Research On The Blocking Provisions Of The Crime Of Illegal Business Operation

The crime of illegal business activities stems from the abolition of speculative crime.Article 225 of the Criminal Law establishes the indictment in the form of blank clauses.However,the blank crime itself has great uncertainty.The text itself led to the crime of illegal commercial activities.In practice,judicial authorities often use judicial interpretations to continuously enrich the scope of "other" acts.Combined with the "flexible" use of judges in judicial practice,the crime of illegal business activities has gradually expanded to the scope.The fee range is very wide.How to accurately understand and control the nature of the crime of illegal business operations,prevent the expansion of the content of the crime,and how to avoid severe challenges to the principles of legal crime and punishment.This is not only a content that must be considered and discussed by the theoretical community,but also a difficult problem that must be faced in judicial practice.Based on this,the author argues that in judicial practice,when applying the provisions of the crime of illegal operation and analyzed the judicial interpretation of the interception clause,and analyzed the reasons for the continuous expansion of interception applications clause in the judicial interpretation,that is,the return of the concept of "evil must be punished ",the difficulty of identifying the perpetrator's behavior as illegal operation because of the convenience of litigation.After conviction in judicial practice,the interception clause has been criticized repeatedly to a great extent,which is that the judge has violated the judgment rules of the administrative offender,failed to correctly handle the relationship with the pre-incrimination law of the interception clause,and ignored the principle of the purpose.