Query to the Validity of "Crime of Illegal Business Operation
Xu Songlin
Abstract
Xu Songlin
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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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)