Research On The Limited Application Of The Bottom Line Clauses For The Crime Of Illegal Business Operations

Since the establishment of the crime of illegal business operation,judges have been expanding the scope of application of the provision of the crime of illegal business operation.It is necessary to set up the backstop clause for the crime of illegal business operation,but in judicial practice,because its generality is often improperly expanded and applied,which violates the requirement of the principle of statutory punishment for a crime and seriously damages judicial credibility,so the backstop clause for the crime of illegal business operation should be reasonably limited in judicial application.This article is the core problem in the judicial application to the crime of illegal business out terms and conditions of the narrowed,by limiting the crime of illegal business out the terms of the‘regulations of the state',‘serious' and‘disrupt the market order'elements,for this crime out terms and conditions of the narrowed the path to find the answer,in order to achieve the goal of narrowing the crime ring,safeguard civil liberties.It is not only to deepen the understanding of the provisions of illegal business operation crime,but also to guide the accurate identification of the crime of illegal business operation in judicial practice.The thesis consists of three chapters,the main contents are as follows:Chapter one firstly discusses the legislative evolution of illegal business crime and then introduces the development of judicial interpretation of the bottom clause of illegal business crime in China.Secondly,from the congenital defects of statutory law,the limitation of legislative technology and the protection of social legal interests,it is necessary to set up the provisions of illegal business crime.The second chapter,first of all to the crime of illegal business out terms and conditions of the current situation of judicial application,reference to the method of empirical analysis on the criminal trial and the country's 2011-2020,the fourth of the crime of illegal business of all the criminal statistics and summary judgment,it is concluded that crime of illegal business out clause in the judicial practice,there are ‘whole' trend.Finally,it analyzes the cases in the above statistical data and summarizes the problems and harms brought by the judicial expansion of the provisions of the crime of illegal business operation.The third chapter,combining with typical cases,puts forward solutions to limit the judicial application of the law of illegal business crime.there are two reasonable restrictions on the judicial application of the clause: one is the restriction on the connotation of ‘state regulations';the other is the restriction on the identification standard of‘seriously disturbing the market order'.