Study On Disputed Issue Of Qualitative Of Illegal Business Crime

Illegal business crime is additional charges on the basis of decomposed speculation crime in the criminal law in 1997, its aim is to attack illegal operation which seriously disrupted the market economic order of socialism. But as time goes by, conflict between the legislation contents and practical needs has been repeatedly appeared. Supreme judicial organs develop a series of judicial explanations for it. Illegal business crime becomes the most changes of charges after the criminal law was amended in 1997. The content of behavior way of illegal business crime is continuously expanding, meaning and extension of it is overspread unceasing. Criminal constitution of illegal business crime is miscellaneous. There is a lot of dispute in theory about that some behaviors can make up of illegal business crime or not. At the same time, appliance of illegal business crime in judicial practice is more and more extensive. Some cases which have been adjudged are questionable.The based on summarizing and referring research results of theoretical circles, combination of theory and practice, this article explained range of illegal operation, standard of serious plot, fallback of provision, and form of criminal quantity in detail.This article is divided into four parts:The first part is the introduction of illegal business crime. This part introduces legislative evolution process of illegal business crime, and points out background, reasons, intention of the legislators which speculation crime in the criminal law in 1997 changed into illegal business crime in 1997. It analysis the basic features of illegal business crime from the point of view elements of crime. It is pointed out the direction for distinguishing between crime and non-crime, between this crime and that crime that correctly understands the basic features of it.The second part is introduction and comments of case about qualitative disputed of illegal business crime. It reflects disputed issue of qualitative of illegal business crime at the present stage through four representative typical cases. It is necessary to discuss qualitative disputed. In the part of comments of case, writer systematically reviews disputed issue of qualitative of typical cases, combination of law, regulations and judicial explanations in force.The third part is disputed issue of qualitative of illegal business crime. This part elaborates under disputed problems:how to grasp range of illegal operation, how to make standard of serious plot, how to seize fallback of provision, and how to hold concurrence form of criminal quantity.The fourth part is rational analysis of qualitative disputed of illegal business crime. It elaborates applicable principles of legal crime and punishment from two aspects, interpretation of legal crime and punishment, and value of legal crime and punishment on qualitative of illegal business crime. It examines disputed issue of qualitative of illegal business crime on principles of legal crime and punishment, and rationally analyzes qualitative disputed of illegal business crime, combination of theoretical feedback about it.