Study On The Application Of Crime Of Illegal Business Operation Cut-off Clause

The current in the specific provisions of criminal law in our country,the components of the minority criminal adopted the "other" 2 words,describe the behavior of other law behavior,the purpose is to prevent the behavior person because the law undistributed and escape the legal sanctions,in order to block the crime,strict criminal laws,so as to achieve the purpose of protection of profit,This is vividly called "blocking clause" in criminal law theory circle.This theory was put forward by Professor Chu Huaizhi in Our country,which is to block the provisions of criminal law and regulate some norms that cannot be stated clearly,and to make an overall provision for enumerating items.The criminal law of the People’s Republic of China(hereinafter referred to as the"criminal law" article 225 illegal business crime,the first three mode of legislation is used the enumeration,detailed lists the three kinds of illegal business behavior,but the first sin "other restrictions to buy and sell goods" and the second "other laws and administrative rules and regulations of business licenses or approval documents".They use general statements;At the same time,the fourth item of this crime is expressed in the form of the blocking clause,which is intended to cover other illegal business activities other than the first three provisions through legislative technology.However,throughout the judicial interpretation in recent years,the expansion and application of this clause are also eager and eager ’to do so.The way of judicial interpretation in Our country to stipulate the blocking clause is a clear way with Chinese characteristics,but there are still some problems to be discussed and solved.It since 1998,has developed more than 20 judicial interpretation(appendix a)expand on block clause,which will be about the tentacles extend to pyramid schemes,insurance,publishing,securities,web services,veterinary medicine,credit management,and other fields,which can lead to the version of speculation has almost become the original sin,thus become a new "whole",This has been largely criticized around the world.The purpose of this paper is to adhere to the principle of a legally prescribed punishment,on the basis of the exploration to solve the crime of illegal business block terms used in the various problems of three paths:one is to some kind of do not have serious social harmfulness of crime and certain types of administrative law itself is enough to regulate the behavior of a return to the category of administrative law and regulations effectively solve the judicial interpretation,the present situation of the applied too;The second is to further divide the blocking provisions of the behavior type,according to the specific behavior,will be divided into buying and selling special documents,illegal operation of special goods,illegal way to engage in business activities,illegal operation of specific business behavior four,to avoid making it "pocket" so as to violate the principle of statutory crime and punishment;The third is to reconstruct the interpretation rules of the blocking clauses,adopt the hierarchy of "from the ordinary interpretation,the system interpretation to the same kind of interpretation and finally to the purpose of interpretation",at the same time with the help of "comparative interpretation,historical interpretation" and other interpretation methods,to fully explain the normative content of the crime of illegal business operation,and really achieve the purpose of "pocketing".