Research On Judicial Cognizance Of Illegal Business Crime

In criminal law,the crime of illegal business in a crucial position,illegal business behavior is common,and with each passing day.Article 225 of the Criminal Law of the People's Republic of China has described the basic structure of the crime with a blank crime,but the provisions of this article also leave the fourth paragraph of the terms,judicial interpretation and judicial practice have this crime Different degrees of expansion,making this crime expansion phenomenon frequent.Some new acts of crime and crime caused a lot of controversy.China's current legal and judicial interpretation of these acts,the existence of the interpretation of the application of the dispute,theoretically for these acts that are also inconsistent,which makes our practice in the practice of illegal business is difficult to determine the crime.Therefore,it is necessary to study the above behavior.The author cited the real case,through the four different angles of the case of crime,the qualitative discussion of crime,in order to better identify the crime of illegal business.At the same time,the author in the writing of the thesis seeks to combine the theory with the application in order to get more practical conclusions.In this paper,four cases as the starting point,some of the controversy related to this crime to be discussed: by the Soviet Union A illegal construction of rural cemetery case leads to illegal business crime,the crime object dispute,will focus on the crime of the three The main theory of comparative analysis,the law for the market access to the conclusion of the order,by the law and then the crime of the criminal object to be identified,that is,restrictions on the sale of goods.The cemetery is not limited to the sale of goods,the sale of rural cemetery behavior can not be the crime to evaluate;then Xu trading non-state focus on the protection of wild animals case leads to the premise of the crime,that is,"violation of state regulations" related to the theory and practice For the different interpretation of the provisions of the state to be resolved,draw their own conclusions,the Xu behavioras a crime of illegal business;then use Zhang shop selling ammunition manufacturing case case leads to this crime elements,that is,"illegal business behavior" The controversy,the "illegal" and "business" to identify the difficulties to be identified,the behavior of Zhang excluded from the crime;the last use of the company to operate the water company without warning of the case of water charges caused by the extent of the crime,Disrupting the market order,the seriousness of the circumstances,"the relevant controversy to the scope of the scope of the provisions to be defined,and finally concluded that the company does not constitute a dangerous conclusion.