Application Of The Crime Of Illegal Business Operations And Expansion

According to the section225of the Criminal Law, crime of illegal businessoperations is one kind of behaviors，which is in violation of state regulations,engaged in illegal business activities, disrupted the market order, and cause seriousharm. The crime is decomposed from the crime of speculation on the1979CriminalLaw. The crime of illegal business operations changes in the most counts since theCriminal Law revised in1997. Nearly15years, the legislature, and the judiciary hasissued a series legislative provisions and judicial interpretations involving the crimeof illegal business operations, and the cases in trial practice convicted by paragraph4of illegal business operations is increasing year by year. The description and theever-expanding scope make the crime of illegal business operations be increasinglyquestioned, even be known as the new "All-inclusive Crime". The discussion on theabolition of the crime of illegal business operations and other issues are more andmore intense. I believe that the abolition of the crime of illegal business operations inChina in today’s economic conditions and legal environment is not fundamentallysolving the problem, the crime of illegal business there is still need to exist. Therefore,at this stage, how to apply correctly the existing legal provisions for the crime ofillegal business operations, to limit its unreasonable expansion, to develop the greatestdegree of the positive role of the crime, to avoid its negative effects, has becomeurgent to solve the problem. Theme of this paper is the application of the crime of illegal business operationsand expansion; the text is divided into five chapters:The first chapter is a simple overview of the crime of the illegal businessoperations. From the evolution of the legislation of the crime of illegal businessoperations processes to understand the historical background of the counts of thecrime set. Brief introduce the current situation of the legislative, judicial according thechronological order of the counts’ developing, and a number of questions by public.Chapter Two detailed analysis of the legislation applies to illegal businessoperations. From the applicability of the four counts of the crime of illegal businessoperation of the current Criminal Law, or the supplement provisions terms by judicialinterpretations two sides to make a detailed and in-depth exposition.Chapter III on the expansion of judicial practice under section225of theCriminal Law, paragraph4,"illegal business activities seriously disrupt the stabilityof the market" conviction and sentencing of the applicable cases for analysis. Spacelimit this article only discusses the mass spam messages, private detective, gameplug-in three kinds of expansion behavior, and three kinds of behavior applies towhether a reasonable representation of their own views.Chapter judicial determination of the crime of illegal business operations specificanalysis from the distinction between the crime of illegal business operations, guiltand innocence of this crime and he the boundaries of the two aspects of the crime, thecrime of illegal business competing with the law applicable analysis to clarify thescope of application of the crime of illegal business.The fifth chapter, the author analyzed and discussed from three aspects of thecrime of illegal business expansions, and analyze the reasons why the crime of illegalbusiness expansions is still need exists at this stage, at the same time, in order to moreeffectively and better applicable to the crime of illegal business, the author of illegalthe application of the Crime published their own views.