Research On The Retaining And Abolition Of The Crime Of Illegal Business From The Perspective Of Market Access System Reform

The "Decision" made at the Third Plenary Session of the 18 th CPC Central Committee puts forward general requirements for the reform of "implementing a unified market access system" including relaxing market access,reforming the market access system and formulating a negative list of market access.The mode of market access in China has changed from the examination and approval system of "where there is no law,there is action prohibited" originated in the planned economy period to the negative list system of "where there is no law,there is action unrestrained".Streamlining administrative procedures and delegating more power to lower-level governments,relaxing the control over market entities at the entry stage,reducing administrative approval,stimulating market vitality ensure that The market can play a decisive role in the allocation of resources.The offense of operating illegal acts stipulated in Article 225 of the Criminal Law in1997 was decomposed from speculation in Criminal Law.The crime of illegal business operation refers to the act with a serious nature that violates the state regulations,engages in business activities for profit and disrupts market order.During the period of Chinese economic transition in 1997,the crime of illegal business operation set up at that time still contains the administrative management concept of the planned economy period,which forbade any business activities without the approval of relevant departments and the license.It was the Chinese Criminal Law in 1997 that adopted a legislative model of a blank description about a crime and fallback regulations on criminal activities of illegal business,which caused a blur scope and boundaries of aforementioned crime.After the enactment of the Criminal Law in 1997,the legislative body of our country,with a method of amending the Criminal Law,continuously increased the types of crimes of illegal business operations,issued the judicial interpretations during the.judicial.application.of.the.crime.of.illegal.business.operation,expanded aforementioned judicial interpretations and incorporated a.large number.of.business.operations.into.the.crime.of.illegal.business.operation.The above actions of our legislative body had a result that the types of aforementioned crime in the Criminal Law in 1997 expanded from the original illegal trading of foreign exchange,illegally operating securities,futures,insurance or other fund settlement business and illegal operation of salt to illegal print of publications,illegal production and sale of pseudo-base station equipment,illegally prices raising and profiteering during the period of prevention and control of sudden infectious diseases,setting up internet access service business and engaging internet service business activities unauthorized,etc.covering almost all aspects of the business field.The crime of illegal business operation has become the "pocket" of the crime of undermining the socialist market economic order,even including all the "pockets" of the behavior of "illegal" and " business operating",and the crime of illegal business has become a new "pocket crime".The crime of illegal business operation is essentially an administrative crime.The essence of this crime is that it violates the administrative licensing system,without a business license,engages in business activities without authorization,and seriously disrupts market order.However,with the reform of the market access system,Chinese administrative examination and approval procedures have been relaxed,and administrative licensing has been continuously reduced,which means that business operation with valid license management will be gradually abolished,and in the market access registration system will replace the approval system.The crime of illegal business operation which violates state regulations and market order is contrary to the requirement of promoting free and fair competition of market economy in China.Therefore,with the reform of Chinses market access system,the.crime.of.illegal business operation has not adapted to the market economy,and It is a remnant of the crime of speculation and exploitation in the age of planned economy,planned economy,which should be abolished.