非法經(jīng)營罪適用擴大化傾向及對策研究.pdf

1、 Research on Application Expanding Tendency and Countermeasures of the Crime of Illegal Business A Thesis Submitted to Chongqing University in Partial Fulfillment of the Requirement for the Master’s Degree of Law By He

2、Yi Supervised by Ass. prof. Niu Jianping Specialty: Master of Laws College of Law of Chongqing University, Chongqing, China April, 2016重慶大學(xué)碩士學(xué)位論文 英文摘要 II ABSTRACT The crime of illegal business was established since the c

3、rime of speculation was abolished in 1997 of China’s Criminal Law. Under the planned economy to a market economy, effectively solve the crime of speculation named the crime of “pocket “ brought the criticized by code app

4、lies lag. The crime of illegal business using blank facts and legislative provisions intercept pattern, intend for serious violations of illegal business market order must subject to criminal regulation. In the beginning

5、 of the establishment it was generally well received, considered to be a major step forward criminal science legislation. Since the establishment of the crime, legislation and judicial interpretation issued frequently t

6、o fight against illegal business activities which newly emerging. Illegal business expansion trend is more significant in judicial practice, caused widespread controversy because of the expanding scope of application co

7、ncerned about the illegal business “pocket“ of alienation pattern. By studying tendencies and expand the crime of illegal business performance in the legislative and judicial, and strive to make corresponding thereto sol

8、utions. The full text is divide into five parts: The first part overview the crime of illegal business. Review the legislative process of it. Research on the legal status of the crime of illegal business operations, inc

9、luding applicable legislation and judicial practice defect counts set to expand the scope of application ,and discuss the legal interest infringed by the crime of illegal business. Aims to analyze the essence of the crim

10、e of illegal business. The second part elaborate the concept in the thesis of “expansion”. Section I and II analysis of illegal business expansion process in the legislative and judicial field as well as the performance

11、for legislative, judicial status of the above-mentioned. Analyzed legislative and judicial expansion exhibited “pocket “ and “universal“ role intercept after more than ten years. The third part explore the crime of ille

12、gal business expansion in the legislative and judicial application, enumerated the crime of illegal business’ expansion on the performance and features in the legislative and judicial fields . Using cases to describe h