Study On The Crime Of Illegal Business Operation

The crime of illegal business operation is a new charge in the Criminal Law of 1997.In fact,this crime is a variant of the crime of profiteering stipulated in the Criminal Law of 1979 in the past.Naturally,it also bears the reputation of "pocket crime".The original intention of establishing the crime of illegal business operation is to get rid of the existence of "pocket crime" in the Criminal Law,but why has it become a new generation of "pocket crime"?It is necessary to draw a conclusion according to the background,the legislative aim and the situation of law enforcement and administration of Justice,so as to find a reasonable path by summing up the experience and lessons,and then remove the malady caused by the crime.Focusing on the content of the Criminal Law provisions of the crime of illegal business operation,this paper,by referring to various viewpoints in the academic circle,elaborates and expands the current concept of the crime of illegal business operation,and obtains three main characteristics of the crime in the Constitution of the crime,and a case-by-case study of the crime,based on the element.In addition to the analysis of the crime itself,the legislative background of the crime is also a key factor in determining its legislative purpose,which is worth considering in the context of the open development of the market economy,from the result of law enforcement,we can deduce the unreasonableness of this charge.After the crime was established in the criminal law in 1997,the legislature amended the crime several times,and the judiciary tried to explain the crime of illegal business operation in the form of various complicated judicial interpretations,to a certain extent,some of the judicial practice to solve the problem,but also some variations,resulting in abuse.This situation violates the principle of a legally prescribed punishment for a specified crime,the value orientation of the market economy and the principle of modesty and restraint of the criminal law.Through analysis and argument,the author believes that it is necessary to abolish the crime of illegal business operations,to decompose the criminal act under this article,or to set up a separate charge,or to re-include other existing charges,so as to fundamentally solve the problems brought by the crime of illegal business operations.