Understanding And Application On 'Other—situation' Of Illegal Business Operation Crime

In the field of economic crime,crime of speculation to the evolution of the crime of illegal business,have to say is the progress of the criminal law,the crime of illegal business in adjusting social economic operation order and maintain the economic development environment play an important and positive role.But as the change of economic environment,the rich and the development,management behavior and the way also come all kinds of illegal conduct,also to a certain extent,disrupt the market economic order.Crime of illegal business of our country exist elastic out terms and conditions,combined with the projects promulgated judicial interpretation,lead to expanding the scope of adjustment of the crime of illegal business,to apply for the crime in judicial practice also presented expanding trend.Even at the risk of abuse,the austerity of criminal law is lost.Economic base determines the superstructure,reform in our country market economy,adjust economic legal norms are also constantly adjust,in the field of content change and improve.Anomie of disturbing the order of market economy behavior adjustments will need to have certain elasticity norms related to the criminal law,which is out on the necessity of the terms and conditions,but should not be unlimited,elastic is the same principle of legality and tolerance of sex in criminal law.Whether it is a legal interpretation of the same law or a large number of cases of judicial practice,neither the interpretation nor the applicable law should exceed the limits of the boundary.This paper discusses the understanding and application of illegal business "other situation"in combination with the illegal acquisition of corn.The full text is divided into three parts:Part one:description of the case.In this part briefly introduces the details of a case,the results from the first-instance judgment to retrial,two very different about the case from guilty to innocence decision,this paper compares and analyzes summarizes disputes,and puts forward the relevant clauses in the crime of illegal business out that the standard of "other circumstances".Part ii:legal analysis of the case.According to the first part simply lead to the main considerations apply standard "other circumstances",combined with the case of the case,the present judicial practice from other circumstances prescribed by the state,social harmfulness,the definition and the clarity of the criminal law and the tolerance point of make a comprehensive analysis,a clear "other circumstances" applicable standards.Part 3:the conclusion and revelation of this case.Through the analysis of theoretical practice in the second part,the conclusion of the case is that the defendant wang does not constitute a crime of illegal operation.Although the defendant's behavior in violation of the regulations on the management of the grain circulation in China at that time,there is no relevant administrative permission and the implementation of the management behavior of the trafficking of corn,but its necessity,behavior does not have social harmfulness and criminal punishment and protect the development of market economy and the development degree of perspective,the criminal law should keep its tolerance,so the defendant wang lijun does not constitute a crime.The case has some implications for the explicit standards of the fourth item of the first paragraph of article 225 of the criminal law.