2003Xiandai faxueRequires access

Query to the Validity of "Crime of Illegal Business Operation

Xu Songlin

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Abstract

The 225th, article IV in the criminal law is about the crime of illegal business operation. This crime is a highly abstract blank fact of a crime. The special crime fact leaves a large space for the expanding of crime of illegal business operation. In fact, crime of illegal business operation has become a new pocket crime, because of the expanding of judicial interpretation and judge's discretion. The establishment and the interpretation of the crime are not only against the doctrine of a legally prescribed punishment for special crimes, but also against the market-oriented economy value. Nowadays, China is setting up the market-oriented economy system comprehensively, so the power of punishment should affect the economy less and less, so the crime of illegal business operation should be deleted, then let a new and more specific crime instead of it.

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What this paper is about

The 225th, article IV in the criminal law is about the crime of illegal business operation. This crime is a highly abstract blank fact of a crime. The special crime fact leaves a large space for the expanding of crime of illegal business operation. In fact, crime of illegal business operation has become a new pocket crime, because of the expanding of judicial interpretation and judge's discretion. The establishment and the interpretation of the crime are not only against the doctrine of a legally prescribed punishment for special crimes, but also against the market-oriented economy value. Nowadays, China is setting up the market-oriented economy system comprehensively, so the power of punishment should affect the economy less and less, so the crime of illegal business operation should be deleted, then let a new and more specific crime instead of it.

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Available abstract

The 225th, article IV in the criminal law is about the crime of illegal business operation. This crime is a highly abstract blank fact of a crime. The special crime fact leaves a large space for the expanding of crime of illegal business operation. In fact, crime of illegal business operation has become a new pocket crime, because of the expanding of judicial interpretation and judge's discretion. The establishment and the interpretation of the crime are not only against the doctrine of a legally prescribed punishment for special crimes, but also against the market-oriented economy value. Nowadays, China is setting up the market-oriented economy system comprehensively, so the power of punishment should affect the economy less and less, so the crime of illegal business operation should be deleted, then let a new and more specific crime instead of it.

Key concepts: Discretion, Punishment (psychology), Doctrine, Law, Business, Value (mathematics), China, Power (physics)

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