| The paper discusses the pocket problem of the crime of illegalbusiness under the new situation. The crime of illegal business refers to anew crime added to the criminal law after the abolition of the crime ofspeculation in1997. With the constant deepening of leal construction inChina, the disadvantages of the "pocket" problem of the crime of illegalbusiness is increasing apparent, as it not only is in contradiction withChina’s basic principle of the criminal law, i.e."No punishment should begiven if the law has not clearly stipulated it for the crime", but also is inviolation of the modesty principle of criminal law, while there is a dangerof abusing punishment. Since the promulgation and implementation ofnew criminal law, the reasons for the "pocket" problem of the crime ofillegal business can be considered from such two perspectives of thecharacteristics of the crime of illegal business’ counts and China’s currenteconomic crime situation. As for how to solve this problem in areasonable way, the author thinks it is necessary to adopt suchcountermeasures as limiting the application of plugging terms, reasonablylimiting blank counts, providing scientifical judicial interpretation andregulating criminal discretion to realize the "non-pocket" of the crime ofillegal business. Through the investigation of the "pocket" problem in thecrime of illegal business, the author hopes it could make us have a correctunderstanding of the legislative intention for the crime of illegal business,scrupulously abide by the basic principle of criminal law, i.e."Nopunishment should be given if the law has not clearly stipulated it for thecrime", and prevent the unreasonable expansion of the crime of illegalbusiness in legislation, judicial interpretation and judicial practice. |
