Research On The Crime Of Illegal Business Operation

The core issue of economic reform is to deal with the relationship between the government and the market and efforts should be made to solve the problem of imperfect market system and excessive government intervention.The unreasonable to apply for this crime is one of the manifestation of excessive intervention by the state to the market economy,which not undermines the principle of legality,violates the nature of modesty of The Criminal Law,but also is contrary to the inherent needs of the development of market economy.The Criminal Law as the last means to punish the behavior of disrupting the order of the market economy should be protected,but the attitude must be strictly cautious,in order to prevent the extension of the penalty for infringement of free competition.In the People’s Republic of China Criminal Law(hereinafter referred to as The Criminal Law)set up the crime of illegal business operation,adopting the associated with blank counts and the purse clause,at the beginning of the establishment is considered to be a great progress of criminal legislation.However,with the development of market economy,the deviant behavior increases rapidly,Legislation of the crime of illegal operation does not seem to be calm response.Special criminal law and a number of judicial interpretations have been introduced to expand the punishment type of the crime.However,the definition of it has not become clear but increased difficulty.We have to reflect on the question of whether or not the crime of illegal business has boundaries,and how to prevent the problem of unlimited expansion.The substance was vaguely expressed,the extension of the fallback provision and the misunderstanding and abuse of the judicial practice on the provisions of the crime are the problems now.So in terms of legislation we should make care the connotation of illegal business operation,scientifically and reasonably delimit and extension of state regulations,Clearly determine serious circumstances identified standards;From the judiciary,to further clear the application provisions of the crime,to stint judicial interpretation of it and to enforce the exercise of strict judicial discretion.