Research On The Application Of Restrictions On The Crime Of Illegal Business Operation

With the rapid development of the Socialist market economy,economic activities have increased,which has also led to some economic irregularities.There are some harmful behaviors that are not explicitly stipulated in the law,and the legal provisions for the crime of illegal business operations are relatively vague.In addition,there are backdoor clauses,which naturally make judicial personnel think of using the crime of illegal business operations to regulate.However,in judicial application,a large portion of judicial personnel do not have a good grasp of what the legal interests protected by this crime,what constitutes a violation of national regulations,how to understand the basic provisions of this crime,and include behaviors that should not be regulated by the crime of illegal business operations within the scope of this crime,resulting in the expansion of the application of the crime of illegal business operations.Judicial interpretations have also introduced a considerable number of judicial interpretations over the years,increasing the scope of regulation for this crime and continuing to expand its scope of attack.Moreover,a large portion of judicial interpretations,under the guise of interpretation,actually engage in legislative activities.In order to limit the disorderly expansion of the crime of illegal business operations,it objectively plays a role in limiting its application.The full text is mainly divided into the following three parts.The first part adopts case analysis method for empirical analysis.Firstly,starting from the collected judicial judgments,it is analyzed that there are currently problems with the expansion and application of this crime.Thoroughly explore the reasons for the above issues,including the high level of vague summary of criminal charges in legislation,improper identification by judicial personnel,and expansion of the scope of application due to improper judicial interpretation.The second part is the basis for restricting the application of the crime of illegal business operations.From the analysis of the necessity of restrictions,there are both theoretical and judicial practical levels.From the theoretical basis of limiting the application of the crime of illegal business,including the principle of legality,the principle of modesty in criminal law,and the principle of protection of legal interests.The third part proposes that there should be legal Statutory interpretation at the formal level,and explores the establishment of judicial interpretation review and supervision system.At the level of specific countermeasures,strictly limit the application of other illegal business activities that seriously disrupt market order.Analyze the difference between illegal business behavior and other business behaviors,accurately identify the essence of illegal business behavior,seriously disrupt the judgment criteria of market order,and ultimately achieve the goal of restricting the disorderly application of illegal business crimes,better serving the healthy development of the economy and society.