Crime of Illegal Business Operation in Chinese Criminal Law: Legislation and Judicial Practice

Abstract

The crime of illegal business operation stipulated in the Criminal Law of 1997 is one of the most typical pocket crimes in the Criminal Code. With the development of the economy and society, and the deepening of the social governance system, the problems regulated by the crime of illegal business operations is in a state of constant change, which makes this crime increasingly challenging in terms of judicial application. The article briefly introduces the legislative history of the crime of illegal business operation and discusses the limitation of this crime after the promulgation and implementation of the Criminal Law Amendment (XI), combining with 330 case samples collected, analyzing the phenomenon of expanding the application of this crime in judicial practice from three aspects based on the current stage, and exploring the path of reasonably limiting the underpinning provisions of this crime. The controversial issues in this crime have always been the focus of judicial practice, and how to solve the problem of expanding the application of the crime of illegal business is particularly important at present.