Research On The Judicial Determination Of Illegal Operation Crime

The identification of illegal business crime has always been the focus of judicial practice.The study of the judicial determination of this crime can help us to have a deeper understanding of the function of criminal law,give full play to the role of criminal law,and realize the unity of safeguarding human rights and cracking down on crimes.In the study of concrete,this paper focuses on crime of illegal business specific judicial judgment,on the basis of the key and common problems in the judgment,to involve the relevant case analysis,surrounding the problems encountered in the judicial practice,in-depth research,finally puts forward relevant countermeasures and Suggestions,make not contrary to the spirit of a legally prescribed punishment of this crime judicial application,has certain value and significance in the application of the judicial practice.The identification of the crime of illegal operation involves the identification of the free operation behavior of citizens in the period of free competition market economy,which is related to the management freedom of the citizens.Research on the key issues of this crime is related to the protection of basic rights,the freedom of operation of citizens,the realization of the protection of human rights and the protection of market vitality.This paper is divided into the following four parts:The first part of this paper is the introduction,mainly expounds the background and meaning of the crime of illegal business operation,and combs the research status of the crime of illegal business operation at home and abroad.Due to the particularity of the topic,there are few foreign studies,so the main analysis is the domestic research status.Then the existing research results are summarized and sorted,the deficiencies of the current situation of illegal business crime research are analyzed,and the research methods and ideas of this paper are put forward.The second part mainly elaborates the legislative evolution,characteristics and composition of the crime of illegal business operations.Introduced the process of the generation and abolition of the crime of opportunism between the Criminal Law of1997 and the Criminal Law of 1979,the legislation of the crime of illegal business operations after the promulgation of the Criminal Law in 1997,and analyzed the legislative characteristics and constituent elements of the crime of illegal business operations,To pave the way for the study of the judicial identification of this crime.The third part elaborates the problems existing in the judicial determination of the crime of illegal business operation,mainly analyzing the problems from the four aspects of the crime of illegal business operation: "violation of state regulations","exceeding the scope of business operation","serious circumstances" and "other illegal business operations that seriously disturb the market order" respectively in combination with judicial practice cases.In order to provide pertinence for the follow-up countermeasures and suggestions.The fourth part,aiming at the problems existing in the judicial determination of the crime of illegal business operation in China analyzed above,puts forward constructive and perfect countermeasures,so as to achieve the unity of safeguarding human rights and cracking down on crime,justice and social effect.