Research On Illegal Business Operation From The Perspective Of Execution Connection

In recent years,with the vigorous development of market economy,all kinds of illegal business behaviors wander on the edge of illegal business crimes.How to distinguish the boundary of execution responsibility for illegal business cases has become a difficult problem in practice.At the same time,it is more difficult to identify the crime of illegal business precisely because of the legislative mode of blank crime and cover clause.In practice,there is a phenomenon of breaking through judicial interpretation to include some illegal business behaviors into the criminal field of illegal business crimes.Such "transgression behavior" undoubtedly infringes on the space regulated by administrative law,and causes the connection between the execution of illegal business cases is not smooth.However,the convergence mechanism of execution mechanism in our country has been developing continuously with the time.Compared with hot fields such as food,environmental pollution and intellectual property rights,it has paid less attention to illegal behavior.Therefore,the corresponding theoretical research and mechanism operation experience are limited.In addition to the introduction and conclusion,the text of this thesis is divided into four parts.Through historical research method and empirical analysis method,the problems and solutions in the connection of the execution of illegal business cases are analyzed and explored.The main contents are as follows:The first part,the theoretical basis of execution connection of illegal business cases.This thesis analyzes the connotation and development history of the cohesion mechanism of administrative law and criminal law in our country and based on the unified view of administrative law and criminal law,this thesis emphasizes insisting the modesty of criminal law and giving full play to the complement function of Administrative Law,so as to realize the organic balance of the two in maintaining the common value pursuit of market economic order.Secondly,the current situation of criminal legislation and administrative legislation of the crime of illegal business and its development are sorted out to provide basic theoretical support for subsequent research on illegal business.The second part,the practice status and cause analysis of illegal operation execution connection.On the basis of the first part,from the level of law enforcement and judicial practice,it analyzes the crux of the problems in the process of connecting and applying the execution of illegal business cases,including the outstanding problems in the physical and procedural aspects of the connection is not smooth,and enumerates typical cases in practice for analysis and explanation.The essence of the above chaotic phenomena lies in the difficulty in grasping the boundary between illegal administrative and criminal acts.Then,aiming at the chaotic phenomena in practice,this thesis further analyzes the causes of the unsmooth connection between the execution of illegal business cases.The third part makes clear the limit of execution of legal liability of illegal business behavior.Based on the provisions of the crime of illegal business,this thesis further analyzes its constitutive elements with the help of the "quality dichotomy".Starting from the legal interests protected behind the crime,this thesis reasonably defines the quality which should violate the market order of illegal business,supplemented by the quantitative distinction standard,and strictly restricts the application of the provisions of the bottom line to standardize the introduction of judicial interpretation.From the path of entering the criminal crime of illegal business will frame the reasonable boundary of strict interpretation,and enter the crime prudently.In practice,we should adhere to the guidance of cohesion thought,abide by the modesty of criminal law in law enforcement and judicial activities,give full play to the administrative advantages of the pre-law,and truly implement the "cohesion of two laws".The fourth part is the suggestion of connecting path of execution of illegal business cases.In order to deal with the above problems in practice,we need to start from two aspects: entity and procedure.As for the entity problem,it is necessary to clarify the relationship between the administrative license and the illegal business crime,and distinguish the illegal business behavior in the criminal field caused by the administrative license from the illegal business behavior with only the administrative illegality.Secondly,from the legislative level,a unified legal standard system can be constructed,and a unified guidance can be made by issuing the corresponding codes of execution and connection.And some seriously disturb the market order of the behavior of criminal legislation.Secondly,in terms of procedural issues,the information sharing mechanism should be effectively implemented,the rules of evidence conversion should be perfected,the role of procuratorial supervision should be strengthened,and the role of procedural protection for entities should be played.From two aspects of entity and procedure,the thesis provides a reference for the optimization direction and solution path of the "pain point" problem of the execution of illegal business cases.