"SheHei" Cases Study Of "Illegal Business"

The illegal business sin is decomposed from the crime of speculation existed in the1979 Penal Code. At present, about this crime has many plugging terms, legislation generality lead to changes in judicial cognizance. The study of illegal business crime is still in the primary stage. And in the case of SheHei sin is illegal business operations of bank, It is very necessary to carry out their research. This article through to illegal business crime legislation to investigation, the author thinks that can be summarized as its definition. Full text points four parts.Partâ… : The basic theory of illegal business. To contrast the legislative situation about the foreign crime. Elaborated on China's criminal law on the crime of illegal business operations specified constituents. Including: subject, object, subjective aspect and objective aspects of these four parts.Partâ…¡: In the case of chongqing SheHei illegal business operations study. Analyzes its features, and its classification. It has the general features of organized crime illegal business operations, Also have the common characteristics, and its particularity. For example: Chongqing "SheHei" of Mr.Chen illegal loans and foreign lending fund case ; "Mr.Li SheHei" case illegal business case with luck ; "SheHei" Mr.Yue village in such illegal issuing usury case have violated the criminal law of the People's Republic of China (hereinafter referred to as the criminal law) the 225 illegal business operations of sin. Expounds the generalized illegal business behavior and narrow illegal business behavior.Partâ…¢: "SheHei" case "illegal business" qualitative analysis. Analyzed the illegal business for judicial cognizance, And legitimate business behavior and generally illegal business behavior distinction. Expounds "SheHei" case "illegal business" qualitative analysis, Chongqing "SheHei" case will not necessarily the illegal business behavior constitutes illegal business, but may constitute a crime in organized crime.Partâ…£: "SheHei" case "illegal business" legislation, judicial consummation. According to this crime insufficiency, the author brings forward the corresponding legal improvement Suggestions. First is the lawmaking aspect. Reasonable to undertake criminal legislation illegal business operations sin to explain, the decomposition, bring illegal business sin fines materialize, setting up the sin of illegal business qualification punishment. Second is the judicial level. The judicial personnel of illegal business sin are reasonable in judicial interpretation, based on the principle of legality as exercise discretion.