Research On The Miscellaneous Provision Of The Crime Of Illegal Business

The fourth term of the illegal business crime counts adopts the bottommost clause that “the other serious illegal acts disrupting the market order”, which is of abstract and general provisions. Due to the dynamic and extension feature of the connotation of the open term, it leads to the uncertainty of the applicable range and hence the criticism and question of the criminal law scholars. The more important thing is that the vagueness of the term causes the chaos of judicial practice. The constant expansion and application of the term makes the illegal business operation has the danger of becoming the “pocket crime”. In such a case, the thesis aims to explore the connotation of the principle of legality in the framework of transparency provisions and the extension, clarify the standards of transparency provisions in the crime of illegal business operation, hoping to benefit the judicial practiceThis thesis consists of four chapters. Chapter one discusses the connotation of bottommost clauses and introduces the battle of abolishing deposit transparency provisions in the crime of illegal business operation, and thus gets the conclusion that the provisions should be kept. Chapter two discusses the interpretation rules of bottommost clauses, and provides a theoretical basis for the follow-up analysis of open terms, at the same time it discusses in detail the considerations in determining the bottommost clauses. Chapter three presents in detail the relevant judicial interpretation about bottommost clauses from the aspects of the lining with the similar rules of interpretation and deviating from the similar interpretation. The last chapter describes the determination of difficult problems of transparency provision applicable expansion in practice, and put forward my own proposals of strict application of the provisions.