Research On The Application Of Limitation Of Illegal Business Crime

The crime of illegal business has been controversial since its inception,and a lot of application problems have emerged.The crime is to adapt to the continuous development of the market economy.The crime is split from the speculation of Article 115 of the Criminal Law of 1979..Illegal business crimes have used legislation such as bottom clauses,blank charges,etc.that violate the legal principles of crime and punishment.The expansion of the crime is not only reflected in legislation but also in judicial interpretation and judicial practice.With the continuous development of science and technology New economic forms are constantly emerging,and the expansion of the crime of illegal operations has become more and more serious,which has affected the normal development of the market economy.The harm of the illegal business crime expansion is also obvious.While violating the legal principle of criminal punishment and the principle of modesty of criminal law,it will also affect the distinction between this crime and the other crime.In order to be able to maintain the original intention of the crime of illegal operation,the important constituent elements of the crime of illegal operation should be interpreted,such as the analysis of "violation of state regulations","illegal operation" and "serious circumstances" from the academic and judicial perspectives,so as to find Restriction path applicable to the crime of illegal operation.According to the principle of specific analysis of specific issues,the path of curtailment should be explored from the perspective of legislation and justice.Under the guidance of the legal principle of crime and punishment and the principle of modesty of criminal law,the legislation should be revised inaccordance with social development.At the same time,in the judicial area,a scientific legal interpretation system should be established,a case guidance system should be activated and run,limit discretionary power,and take multiple measures to limit the expansion of the crime of illegal operation,with a view to better development of this crime.