On The Application Of The Crime Of Illegal Operation And Its Solution

In the criminal law of China,the crime of illegal business operation is stipulated by enumerating three modes of behavior combined with the provision of seeking the bottom.On the one hand,this method is conducive to solving the new and serious market order problems that have not been regulated by the criminal law along with the rapid development of social economy,and to a certain extent achieves the purpose of protecting the interests of law.But on the other hand,because the provisions of the criminal law is not clear,it inevitably has a negative impact.With the promulgation of the amendment to the Criminal Law and more than 20 judicial interpretations successively issued from 1998 to 2020,as well as the creation of the mode of illegal business behavior in judicial practice,the expansion and application of the crime of illegal business practice have resulted.There is a situation in which the ACTS that do not violate the "state provisions" or other ACTS that have nothing to do with the administrative franchise operation order and do not conform to the attributes of the illegal operation act are considered as illegal operation crimes.The case of Wang Lijun’s "purchase of corn without license" in 2016 is a strong proof of the expansion of the scope of application of illegal business crime.Although the case was retried and the defendant was not guilty,it also reflects that there are huge problems in the application of the provision of the guarantee for the crime of illegal business operation in China.Moreover,according to the analysis of judicial data on the model of illegal business crime from 2015 to 2019,there are still many illegal business behavior models not stipulated by the norms of criminal law in judicial practice.Narrowed the applicable to the crime of illegal business,need from the Angle of constituent elements of crime of illegal business,combined with the illegal business crime cases in 2015-2019,analysis of the expansion of the three reasons,namely,"the provisions of the state" and "serious" elements in the range of the existing problems,and property for illegal business behavior understanding is not accurate.And through summing up the result of the expansion of the crime of illegal business,the conclusion of the application of the crime of illegal business is drawn.Finally,according to the three problems in the application of the crime of illegal business operation,some Suggestions are put forward for the application of this crime.It is hoped that by clarifying the status and scope of "violating national regulations",adjusting the identification standard of "serious circumstances",and clarifying the attributes of illegal business activities,the expansion of the scope of application can be stopped,and the crime of illegal business operations can be limited and applied,so as to achieve the purpose of reasonable application.