Research On Application Expanding Tendency And Countermeasures Of The Crime Of Illegal Business

The crime of illegal business was established since the crime of speculation was abolished in 1997 of China’s Criminal Law. Under the planned economy to a market economy, effectively solve the crime of speculation named the crime of "pocket " brought the criticized by code applies lag. The crime of illegal business using blank facts and legislative provisions intercept pattern, intend for serious violations of illegal business market order must subject to criminal regulation. In the beginning of the establishment it was generally well received, considered to be a major step forward criminal science legislation. Since the establishment of the crime, legislation and judicial interpretation issued frequently to fight against illegal business activities which newly emerging. Illegal business expansion trend is more significant in judicial practice, caused widespread controversy because of the expanding scope of application concerned about the illegal business "pocket" of alienation pattern.By studying tendencies and expand the crime of illegal business performance in the legislative and judicial, and strive to make corresponding thereto solutions. The full text is divide into five parts:The first part overview the crime of illegal business. Review the legislative process of it. Research on the legal status of the crime of illegal business operations, including applicable legislation and judicial practice defect counts set to expand the scope of application,and discuss the legal interest infringed by the crime of illegal business. Aims to analyze the essence of the crime of illegal business.The second part elaborate the concept in the thesis of “expansion”. Section I and II analysis of illegal business expansion process in the legislative and judicial field as well as the performance for legislative, judicial status of the above-mentioned. Analyzed legislative and judicial expansion exhibited "pocket " and "universal" role intercept after more than ten years.The third part explore the crime of illegal business expansion in the legislative and judicial application, enumerated the crime of illegal business’ expansion on the performance and features in the legislative and judicial fields. Using cases to describe how the crime of illegal business expansion in judicial practice, reflecting the diversity of expansion.The fourth part focus on the expansion of performance discussed in the third section, research the cause of expansion. Mainly from the factors as following, legislation, economic realities, the value of criminal law, the first evaluation of economic misconducts. The second section reflects on the expansion of legal, emphasizes the potential danger caused by such expansion trends.The fifth part, through reference the civil law and common law countries about the crime of illegal business activities related to criminal legislation. Summarize the usefulness extraterritorial laws illegal operation of criminal regulation, in order to explore the defects of legislative model, and find out the suitable conditions of our country’s criminal legislation illegal business.In the sixth part, in allusion to magnify tendency for illegal business previously listed in the existence and "pocket" trend, suit the remedy to the case, make recommendations to complete. Stringent principle of legality for the crime of illegal business premise limited, limiting the expansion of blank provisions to temper justice with mercy criminal policy binding criminal law principle. Stringent judicial interpretation about the crime of illegal business, cautious in dealing with the position of judicial interpretation to criminal regulation, strict the exercise of judicial discretion.