Research On The Crimes Of Illegal Business

In regard of the offence of illegal business，article225of the Criminal Law tooka special formulation of special guilt express terms of type list and reveal all thedetails of combining style, this gives the offense highly expansionary and greatuncertainty. With the highest single criminal enacted by the legislature, the CriminalLaw Amendment frequent and highest national judicial arbitrariness of theintroduction of relevant judicial interpretations, coupled with the nature of the lawenforcement department as well as confusion on penalties, so that the gap between theoffense great conviction and sentencing standards, the abuse of discretion. Vitality oflegal research service judicial practice, the judicial process of legal discovery, casestudies are important parts of legal methodology, also the best path to find both partiesand resolve disagreement. Therefore, the author tries to study on the typical caseabout the innocence of crime of illegal business, to find the outstanding problems injudicial practice and administrative penalties for the interface between the existence ofcriminal sanctions, and tease out a reasonable and effective method ofcountermeasures. So, this paper regards illegal trade of tobacco as a starting point,distinguish between illegal acts and general crime of illegal business, elaborates andin-depth analysis of three aspects of the objective elements of the crime of illegal business identified issues, and contact the interface between administrative penaltiesand criminal sanctions, then regards the theory of the crime of illegal business asfoothold, in order for the judicial practice for the crime of illegal business legalinterpretation and application of law to provide a theoretical reference, develop newideas crime of illegal business law research, and to identify the crime of illegalbusiness standards and the gradual improvement of Chinese socialist marketeconomic system consistent, to serve the cause of socialist modernization, and also toprovide the legal basis for the concept of the rule of law.The paper is divided into three parts, about33,810words.The first part, analysis of the specific case and the court referee, lists bothdefense and prosecution case disagreements and disputes focus from legal theory andjudicial practice followed a different angle, including the following two aspects: one,about the controversy of "violation of state regulations".Two, about the controversyof "serious circumstances".The second part, for the crime of illegal business in the two main objectiveaspect of legal analysis and conclusions, this part is the focus of this article, also thedifficulties of process of judicial practice. Firstly,about the interpretation of illegalbusiness "in violation of State regulations".Secondly, about the interpretation of illegalbusiness" serious circumstances ".The third part, analysis the crossing and border of illegal business administrationand criminal illegal, and then to explore how to build the interface between lawenforcement and the criminal justice system through a long-term legislative andjudicial aspects, to draw conclusions as to whether the case should be included in theillegal business conduct criminal regulation of disagreement. Finally, we shouldimprove the relevant legislation illegal business, establish long-term convergence ofadministrative law enforcement and criminal justice system convergence.