On the distinction between"beyond scope operation"and"unlicensed operation"in the crime of illegal business operation involving tobacco——based on the analysis of 90 judgment documents
In criminal judicial practice,whether the act of a holder of a tobacco retail license illegally engaging in wholesale operations is identified as"beyond the scope of business"or"unlicensed business"often concerns the boundary between crime and non crime,and its determination is controversial.This article conducts an empirical analysis of 90 criminal judgment documents and concludes from the perspective of legal interest protection:for such acts,on the basis of complying with the relevant administrative regulations cited in the crime of illegal business operation,it is necessary to further comprehensively consider whether the constituent elements such as the subject,behavior,and object meet the conditions for committing the crime,in order to accurately make a judgment on"operating beyond the scope"or"operating without a certificate"at the criminal level.
cigarettesthe crime of illegal business operationsoperating beyond the scopeunlicensed operationempirical analysislegal benefits
国家科技期刊平台
NSTL
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