Research On The Expansion And Restriction Of The Crime Of Illegal Business Operation

The crime of illegal business operation is separated from the crime of speculation,and it still retains the setting of blank counts and general provisions.The vague legislative setting makes the boundary of its scope of application not very clear,and the scope of application is gradually changing in judicial application.Nowadays,the legal interests protected by the crime of illegal business operation have not reached a unified conclusion in the theoretical circle of our country.Therefore,it is beneficial to limit the scope of application of the crime by defining it as the order of market access.At the same time,the implementation of the basic principle of legality and modesty of criminal law is also an effective theoretical support to restrict the crime of illegal business operation from excessively intervening in market operation activities.In practice,the crime of illegal business operation is expanded in criminal legislation by introducing a separate criminal law or criminal law amendment.At the same time,it is expanded in criminal justice by enacting a large number of judicial interpretations and applying these Provisions on a large scale.This paper summarizes the provisions of the crime of illegal business operation in legislation and judicature in the past 20 years,and selects a large number of judicial interpretations Judicial precedents provide a realistic basis for the current situation of the expansion of the application of the crime.In addition,the weakening of judicature,the confusion of the subject and content of judicial interpretation power,and the abuse of discretion are also important reasons for the continuous expansion of the scope of application of the crime of illegal business operation.The expansion of the application of the crime of illegal business operation is of great significance to comprehensively crack down on economic crimes and maintain the market order,but it is a violation of the basic principles of the criminal law,and it will also cause the abuse of national penalty power.At the same time,the regulation of market access order in countries with foreign market economic system is also put into means other than the criminal law.After comprehensive weighing,it is concluded that the crime should be applied The conclusion is that the path is reasonably limited.Specifically,on the premise of following the basic principles of the criminal law,starting from the legislative and judicial levels,we should focus on clarifying and limiting the connotation of blank counts and bottom-up clauses,clarifying the holders of judicial interpretation power and limiting the scope of their rights,strengthening the regulatory role of legislation,ensuring that legislation and justice perform their respective duties,so as to ensure that the crime of illegal business in judicial practice It can be reasonably applied in the practice.