On The Crime Of Illegal Business

The illegal management crime is lately- establish criminal charges of current penal code, its main contents pours to come out the decomposition in offense from the speculation that have already abolish. This text take that offense as the research object, practicing to the theories concerning that offense and judicatory medium existent and some problems made the first step study.Pass to carry on the lawmaking investigation to the illegal management crime, the writer think that the definition of this offense can generalize for:Breach the nation provision, carry out the nationalåž„to break. limit or forbid the behavior of management, disturb the market order, the details is serious.Passed to analyze the theories field to illegal conduct the different standpoint of a body of offense, the writer think that a body of this offense should be: Nation to economic realm the relevantåž„break, forbid, limits the profession of the management and normal management order of the products.Elaborated the illegal management offense corpus and subjective composing important items. The illegal management offense corpus is a general corpus, since can be a natural person, can also be an unit. The subjective aspect performance of the illegal management crime is intentionally, and only the ability is directly and intentionally.Carried on the detailed treatise to the objective provision of concerning illegal management crime of penal code. Speak to include in a specific way:l, breach the national provision;2, have not yet to admit to conduct the law, the administration laws provision particularly camp, particularly sell product or the behavior of the product of other restrict businesses;3, the management permit of the business import and export permit, import and export original place certificate and other lawses, the administration lawses provision or the behavior of the approval document;4, have not yet relevant subjective section in nation approval, illegal management stock certificate, futures or the behavior of the insurance business;5, illegal management behavior of other serious disturbances market order; 6, concerning spread to sell or change it is rumored sell the behavior certainly sex problem. Among them, affirm to theå…œbottom item"the illegal management behavior of other serious disturbances market order" of the illegal management crime particularly, the writer puts forward to query towards some way of doings that go throughs, and make use of the of the same kind to explain, the method that system explain carried on the analysis, putting forward own standpoint.To illegal conducted some concrete problems within the offense fulfillments to carry on the treatise. Is an offense first with the problem of the non- offense: 1, the illegal management behavior and commonnesses of the penal code meaning break the law the offense and the non- offense differentiations of the management behavior; 2, belong to the same the illegal management behavior of the penal code meaning, only classified into the offense and non- offenses because of the serious degree of details dissimilarity. Is this offense the next in order with that offense problem: 1, illegal management crime and the sale infringement reproduction offense; 2, illegal management crime and produce, sell the false and inferior product offense; 3, national organization official document, an official seal offense of illegal management crime and businesses.End originally text current penal code to illegal conduct the lawmaking blemish of the offense provision and how carry on perfect carried on the treatise. Is a lawmaking blemish first: 1, not agree with to match the penal code offense penal code to settle the principle neutral the request of the method explicit; 2, disobeyed the spirit that the penal code suppress; 3, misty the administration breaks the law the behavior and criminal boundaries; 4, existence to the worry that personal right violate. Is a perfect suggestion the next in order: 1, contract the scope of"nation provision"; 2, resolve the illegal management crime.