Study On The Application Of The Expansion Of The Crime Of Illegal Business Operation

The media overwhelming coverage of the hot case in 2017,"Wang Li of the Peasants of Inner Mongolia Unearthed in Acquiring Corn," caused widespread public concern over whether "illegal business crime is a pocketed crime" and "whether the scope of illegal business crime is expanding indefinitely." "How Limit the scope of application of illegal business crime "and other related issues of concern.Although Wang Lijun’s behavior of acquiring corn without a license was finally acquitted,the problems exposed in the case deserve our consideration.As one of the specific crimes after the crime of speculation was broken down,the crime of illegal business operation was once regarded as a concrete manifestation of the improvement of the criminal legislation and the progress of the criminal legal system in our country.However,since the birth of this crime,China has clearly stipulated the illegal and criminal acts that belong to the crime of illegal business by formulating a single law,introducing judicial interpretations and enacting amendments to criminal law.On the surface,the scope of application of illegal business crime is constantly expanding,and the use of the crime to regulate the illegal market economy and management order types continue to increase.In fact,the original intention of the legislation to increase the crime of illegal business is to crack down on the criminal acts that disturb the order of the market economy.However,due to the rapid changes in our country at the present time,various new forms of criminal activities emerge in an endless stream before they lead to the regulation of criminal illegal operations The types of behavior are constantly increasing,and the expansion of the scope of application of this crime appears.Undeniably,there are many problems in the application of the crime of illegal business in judicial practice.In particular,the understanding of the legal provisions of the crime deviates from the original legislative intent.This article first analyzes Wang Lijun’s illegal operation case of illegal operation in the judicial application of the existing problems,and then combined with the problem and related literature to demonstrate whether the crime of illegal business is the so-called "pocket crime" and summarizes the crime in judicial practice And then analyze the causes of this phenomenon.Finally,I put forward my own understanding of the legal provisions of the crime of illegal business operation and the principle of follow in the judicial application so as to be able to elaborate my point of view.Through research and analysis,it was found that the expansion of the use of illegal business crimes was not due to the defects of legislation,but because the standards of understanding and recognition of the crime by judicial personnel were not uniform.