Research On The Limitation Of The Scope Of Application Of The Crime Of Illegal Business Operation ——Take The Illegal Business Case Of Li And Others As An Example

The crime of illegal business operation is a crime transformed from the original "crime of speculation" in China’s criminal law in 1997.Because of its "pocket" attribute,it has been criticized by scholars since its establishment.Nowadays,with the further development of China’s economy,the problems of the crime of illegal business operation are becoming more and more prominent,which runs counter to the new requirements of the development of China’s market economy.It is urgent to solve this problem.Starting with a representative case of the application of the crime of illegal business in judicial practice in recent three years,this paper points out the current improper expansion of the crime of illegal business through the analysis and research of the case,and then puts forward the author’s own point of view by analyzing the causes of the problem and the necessity of solving this problem,In order to solve the problem of limiting the scope of application of the crime of illegal business operation.This paper consists of five parts.Part I: introduction.This part introduces the research background,research significance,research status at home and abroad,research design and research methods of this paper;The second part: raising the problem.This part starts with the "case of illegal business operation of Li and others",and points out the improper expansion of the scope of application of the crime of illegal business operation;The third part: the reasons for the improper expansion of the scope of application of the crime of illegal business.This part focuses on the four reasons for the improper expansion of the scope of application of the crime of illegal business operation,that is,the unclear definition of the legal interests protected by the crime of illegal business operation,the vague scope of the national regulations in the "violation of national regulations" of the blank crime,the mechanization of the identification of "serious circumstances",and the abuse and improper expansion of the basic provisions of the crime of illegal business operation;Part IV: the necessity of limiting the scope of application of the crime of illegal business operation.This part focuses on the necessity of limiting the scope of application of the crime of illegal business from four aspects,including: the improper expansion and application of the bottom clause violates the principle of criminal law,the improper expansion and application of the bottom clause destroys the principle of modesty of criminal law,the improper expansion of the crime of illegal business in judicial interpretation leads to the systematic destruction of criminal law,and the "pocket attribute" of the crime of illegal business is contrary to the development of market economy;The last part: the path of limiting the scope of application of the crime of illegal business.This part puts forward the author’s suggestions on the path of limiting the scope of application of the crime of illegal business,including clarifying the legal interests protected by the crime of illegal business,strictly understanding and applying the crime of illegal business in judicial trial,limiting the improper expansion of the disclosure clause in judicial interpretation,and strengthening the role of administrative organs in maintaining the order of market economy.