The Doctrinal Limitation of the Crime of Illegal Business Operation
The crime of illegal business operation is constantly expanding in judicial practice because of the overstepping judicial interpretation and the abuse of discretionary power by judges.The alienation expansion of the crime of illegal business is mainly manifested as the judicator confuses the boundary between the crime and the object of other crimes,and arbitrarily interprets and expands the interpretation of the elements of the crime.The root of the alienation of illegal business crime lies in judicature,not legislation.Judicators pay too much attention to the function of protecting legal interests of criminal law,ignore the function of protecting freedom,go against the principle of legality of crime and punishment.And excessively flexible judicial application may breed the risk of instrumentalism of criminal law.The judicial application function and legislative promotion function of the criminal law doctrine provide an effective solution for limiting and reducing the crime.The understanding of the provisions on the prevention of illegal business crimes should follow the homogeneous interpretation rule,and the rule of"clear charge priority application"should be established from the perspective of system interpretation to solve the problem of the competition and cooperation of law articles.In this way,the scope of application of this crime is further limited in legislation.
crime of illegal business operationinterdiction clauseblank chargeselements of quantitylimitation of doctrinal meaning
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