2004Unpublished venueRequires access

Crime of Illegal Business Operations in the Visual View of the Principle of a Legally Prescribed Punishment for a Specified Crime

Tianhong Zhang

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Abstract

The crime of illegal business operations is one of the economic crimes in Chinese criminal law. It probably becomes a “pocket crime” owing to the prescription of other illegal business operations that disturb market order. It is an important problem that how to restrict the expansion of the scope of crime in theory and practice. In my opinion, firstly, it is the essence of the crime of illegal business operations that the misbehavior grievously disturb the market management system established by laws and regulations beforehand, and the system often changes with the economic policy. Secondly, people have paid attention to the illegal business operations in legislation. The blank charge in an indictment can cope with the variety. Finally, it is necessary to carry out the principle of legally prescribed punishment for a specified crime, to exactly understand national legislation and properly restrict the scope of other illegal business operations.

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What this paper is about

The crime of illegal business operations is one of the economic crimes in Chinese criminal law. It probably becomes a “pocket crime” owing to the prescription of other illegal business operations that disturb market order. It is an important problem that how to restrict the expansion of the scope of crime in theory and practice. In my opinion, firstly, it is the essence of the crime of illegal business operations that the misbehavior grievously disturb the market management system established by laws and regulations beforehand, and the system often changes with the economic policy. Secondly, people have paid attention to the illegal business operations in legislation. The blank charge in an indictment can cope with the variety. Finally, it is necessary to carry out the principle of legally prescribed punishment for a specified crime, to exactly understand national legislation and properly restrict the scope of other illegal business operations.

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Available abstract

The crime of illegal business operations is one of the economic crimes in Chinese criminal law. It probably becomes a “pocket crime” owing to the prescription of other illegal business operations that disturb market order. It is an important problem that how to restrict the expansion of the scope of crime in theory and practice. In my opinion, firstly, it is the essence of the crime of illegal business operations that the misbehavior grievously disturb the market management system established by laws and regulations beforehand, and the system often changes with the economic policy. Secondly, people have paid attention to the illegal business operations in legislation. The blank charge in an indictment can cope with the variety. Finally, it is necessary to carry out the principle of legally prescribed punishment for a specified crime, to exactly understand national legislation and properly restrict the scope of other illegal business operations.

Key concepts: Legislation, Indictment, Punishment (psychology), Business, Scope (computer science), Law, Order (exchange), Variety (cybernetics)

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