Deviation Problem And Strategy Of Hunan Public Security Organs In The Application Of The Crime Of Illegal Business Operation

Abstract:at present, the illegal business crime against gold has become the focus of public security organs, the prevention and control of Hunan province. In judicial practice, because of the crime of "transparency", often very easy to produce suitable deviation caused by the public security organ for rate, high and the waste of judicial resources and a series of problems. Investigate its reason, mainly has three aspects:first, because of the illegal business crime itself has the defect of legislation, the reservation over "free space" is in fact the legislation to the economic development of compromise, and charges in the formulation for text on the vague, also left the drawbacks of disunity definition; second, with the development of economy, the crime of illegal business expansion seems to be infinitely enlarged trend, there are improper expansion, but also causes for deviation; third, the public security organ itself in the law enforcement under combat demand and practice forms not standardize law enforcement practices, has led to the deviation in the application of the crime of illegal business operation process. In order to better fight against the crime of illegal business operation, maintain the market order and stability, how to correct the deviation, reasonable application of the crime, is a pressing matter of the moment. Experience in law enforcement in recent years in Hunan Province Based on Optimization of public security organs, for the crime of illegal business operation should start from three aspects:one is to perfect in the legislation, judicature timely cleaning:specific measures include timely supplement and perfect our legislation, cleaning method is not suitable for explanation, further refinement of the crime of illegal business operations; two is the scope of application should have a correct understanding of the crime of illegal business, accurately grasp the connotation of legislation, fourth paragraph awareness; the third is the public security organs should strictly regulate the procedure in the practice of law enforcement, abandon the inertia of thinking, to avoid improper law enforcement needs.