Reflection On The Application Of The Crime Of Illegal Business Operation In The Financial Field

There are nearly 40 accusations involving "financial crimes" in the current criminal law.In recent years,crimes in the financial field are increasingly rampant,and become an important hidden trouble affecting the stability and development of financial market.How to effectively avoid these crimes become lawmakers and judiciary problems through the existing laws and regulations,so all kinds of related legislative provisions and judicial interpretations emerge in an endless stream,which effectively brings new hidden dangers to crime.On the crime of illegal business,because the law itself fallbackprovision settings,open convenient ways for the expansion of application in the field of finance,which gradually evolved into “a pocket”.The crime of illegal business crime in the criminal law of 1997 is determined by the social economic system and the level of economic development at that time.The establishment of its law is reasonable,and it also played a role in standardizing the economic order at that time.But because of the defects of its crime setting,it has been expanded at the beginning of the setting.Up to now,the National People’s Congress and its Standing Committee,the Supreme People’s court and the Supreme People’s Procuratorate have issued a series of judicial legislation,involving the crime of illegal business interpretation,judicial practice for the crime of illegalbusiness provisions of the fourth paragraph of the conviction and sentencing case is grow with each passing day which makes the crime of illegal business,to replace increasingly become a crime of speculation the new "pocket crime".But this is obviously contrary to the principle of legality and the principle of modesty.Once the law bar is developing without borders,the harm it brings is far greater than its effect.Especially in the face of the booming trend of the current economic field,we need more perfect laws and regulations to escort the economic development rather than to become the shackles of its development.Therefore,on the basis of theory and practice,aiming at the expansion trend of illegal business crime,this paper only focuses on the following aspects of its application in the financial field.The whole article is divided into three chapters.In the first chapter,the first case of "ant Hua chanting" is taken as the breakthrough,and the case is regarded as another expansion of the illegal operation crime in the new financial field,and the relevant legal issues in the process of this case are analyzed in detail.The author thinks there are many problems to be discussed about the crime of illegal management made by the people’s court in Jiangbei District of Chongqing.First of all,the "Hua Bai" arbitrage does not belong to the requirements of the intermediary of payment and settlement business;secondly,the existing regulations are searched,and there is no violation of the relevant laws.Finally,the social harmfulness of the "Hua Bai" act itself is also very limited.I believe that "Hua Bai" should not be recognized as a crime,but only a civil default.In reflection,the author also responded to other controversies concerning the conviction of the act,and put forward his own views on specific regulatory suggestions and preventive strategie.In the second chapter,the author makes a deep reflection on the issue of "Hua Bai" cash in the case and the current financial field’s application to the crime of illegal business expansion.The reason for the unlimited expansion of the crime of illegal operation is due to the defects of the expression of the crime.The openness and compatibility of the blank charges make the crime almost all inclusive.It not only conflicts with the principle of legality,but also violates the principle of modesty incriminal law,which makes the crime of illegal business increasingly "pocket".In addition,the limit standard of "state regulations" and "serious plot" is also not one.The continuous expansion of judicial interpretation not only does not delimit these standards,but more delimit,more and more disorderly.On the other hand,the deep-rooted criminal law in our criminal law has also promoted the unlimited expansion of the crime of illegal operation in the legislative and judicial application.The consequences of this situation are very obvious,which will make the foresight of the law discounted,and provide the actual conditions for the legislation of judicial invasion,and still exist.At the risk of misuse of punishment.In the third chapter,the author makes suggestions for the reasonable restriction of illegal business crime.First of all,we should set up a correct concept of criminal law,adhere to prudent punishment,use the means of punishment carefully,and constantly improve the relevant preposition laws and regulations,and strive to solve most of the economic disputes through the preposition law.Secondly,we should make up the legislative defects of the crime of illegal business,adhere to the principle of legislation,clarify the scope of fallback provision.Finally,in the aspect of law application,we should make reasonable use of judicial interpretation and strictly restrict the exercise of discretion of judicial staff.No one can stop the vigorous development of the current financial and economic field,nor can we ignore the crime driven by the economic interests behind it.The purpose of the provisions of the criminal law is not to stern the crime,but to maintain the social order,and to find a balance between the two needs the wisdom of the legislators and the judiciary.We believe that we will eventually find a reasonable regulation path for the illegal operation,so as to protect the current economic development of our country.