Research On Leak Terms Applicable Of LHegal Business Crime

The crime of illegal business operation from the1979Criminal law crimeof play the market. Appear as China’s specific historical period of the charges, thecrimehas its sufficient historical background. With the gradual establishment of thedevelopment of market economy, more and more crime includes the crime, hasbecome a "big pocket". Therefore,97years of criminal law will play themarketcrime cancel, and the crime of decomposition, one of which is the crime ofillegal business operation. From the crime of illegal businessoperation expression can be seen, the criminal code by the way of the combinationof enumeration and generalization. The first three items is taken by the enumerationmethod, clearly defined three applicable for this crime, fourth with "other" phrase togeneralizeother illegal business behavior. This generalization reveals the type oflegal termsbecause of its block and avoid loopholes in the law effect, thuscalled plugging items of appellation. In subsequent legislation and judicialpractice, illegal business crime plugging items scope unceasing expansion, how totake effective measures to reasonable restrictions on the. It can not only study thematerial in this respect the rich academic circles, but also can provide some helpfor the crime of illegal business operation specification for. Therefore, it hascertainacademic value and practical significance of this article.This paper is divided into four parts, and the legislative processof expressionform, the first part is a brief introduction of the crime of illegalbusinessconnotation, and analyzes the realistic reason this crime adopts pluggingitemsthis way and theoretical background. The establishment of the crime of illegalbusiness operation is the best response to China at a time when economic realitydemands, is conducive to the establishment and maintenance of a normal marketorder. From a theoretical point of view, the legal system of our country belongs tothecivil law. In order to overcome the defects of statute law, legislators in theexpressprovisions on the probability terms, i.e. plugging items, it has certaingeneralityand inclusive, not only can reflect the reality, but also have some advance.The second part has carried on the thorough analysis of the applicableconditions of the plugging items. From the criminal law provisions of article225th,to constitute the crime of illegal business operation, to analyze it from threeaspects. That is, whether the conduct violated the provisions of the state, this is thekey to determine the crime with the non crime; this behavior whether tomarket orderhas caused serious influence; circumstances are serious. Firstly,the accuratedefinition of the meaning of criminal law category of state regulations, related tothe major issues of the interpretation of criminal law. The crime of illegal businessoperation in the "national regulations", the key is carries on the analysis from thelegislative body, includes laws and decisions,administrative rules and regulations, measures and command." In addition, the "legislation law" before theimplementation after approval of the State Councilregulations, approved by the StateCouncil forwarded the set rules, administrative licensing items get thestate reserve regulations, this several special cases and the rules can also rise tothe criminal law "the provisions of the state". For the "other illegal crime, in criminallaw the meaning clear and definite when, the judgecan be applied directly withoutthe need for interpretation. But for the crime only vague provisions of the"other" behavior of the plugging items, criminal judicial organs and in the judicialpractice, is the need to adhere to the principle of strictinterpretation, the reasonabledefinition of "other illegal acts" extension, must not be arbitrary interpretation, inorder to avoid ambiguity appears in the applicablelaw, from quite, difference, restriction three essential features in-depthanalysis.To determine the degree of elements of "serious", from business amountis huge,the number of illegal income, many illegal repeatedly by the administrativepunishment and impenitent, causing significant loss of the four aspects wereidentified.The third part mainly expounds the illegal business crime plugging items in theapplication of the expanding tendency. Due to the highly generalization of pluggingitem of illegal management crime exists and plugging items andabstraction, isstill difficult to overcome shortcomings with the pocket crime ".Later on thecrime related legislation and judicial interpretation will continue tobusinesspractices into their pockets. As a result, apply the face more and morebroad pluggingitems. Although the crime scope expansion, to combat economic crime intime, maintain the order of the market economy, but also brings a seriesof malpractice and the harm, and the principle of legality, the principle of criminallaw is contradictory, confused easily with the illegal administrative boundaries,andeven lead to the risk of abuse of the right of punishment.The fourth part puts forward the reasonable measures of restricting theapplication of the crime of illegal business operation pluggingitems range, the"pocket size" not unlimited expansion. The first is strictly adhere tothe crime legalprinciple, restriction of legislation and judicial interpretation of thecrime of plugging items expansion and expansion; the second is the effective useofinterpretation of criminal law; and then regulate the discretion of judges, toimprove the judge law ethics, strengthen the supervision mechanism of judicialwork. Finally, for the crime of illegal business operation reasonabledecomposition, to narrow the scope of application.