Research On The Applicability Of The Fallback Provision For The Crime Of Llleagl Business

The crime of illegal business was determined by article 225 of criminal law in 1997.Crime of illegal business sets out the terms in the fourth in after two revised amendment of criminal law.The fourth is the fallback provision of the crime.With the development of the socialist market economy, in order to effectively deal with all kinds of illegal business behaviors, maintain the market order,our nation have issued a series of judicial interpretation.With the emergence of the judicial interpretation, the terms and conditions of the crime of illegal business extension is more and more wide.The expansion has being impacting essentially the judicial authority and unity on different degrees,simultaneously it increases the difficulty of the application in judicial practice.This article will put forward by way of introducing cases in the application in the crime of illegal business out of existing problems,thereby the concludes that there are two problems.First, the fallback provision of the illegal business crime exists problems in the judicial interpretation;the second, the fallback provision of the illegal business crime exists problems in the process of judicial practice, and analyze the problems, and then on this basis to find reasonable solutions.