Judicial Determination of the Crime of Illegal Business Operation

The crime of illegal business operation is a crime that appears to meet the needs of economic development after China's entry into the socialist market economy. The purpose is to maintain a stable market economic order and crack down on all kinds of illegal business operations. The criminal law of the People's Republic of China in 1997 deleted the crime of speculation, which specifically regulates China's market operation, and derived the relevant provisions of the crime of illegal operation. However, the crime of illegal business operation has a high generality due to the existence of the fourth sweeping clause. With the development of the economy and society, the crime is expanding in judicial practice and gradually develops in the direction of pocket crime. Therefore, we should focus on the judicial identification of the crime. Focusing on the difficult problems in the identification of the crime of illegal business operation in judicial practice, this paper studies and analyzes the crime of illegal business operation. Starting from the problems in the identification of the crime of illegal business operation, this paper mainly examines from the aspects of "violating state regulations", "severe circumstances", "illegal business behavior" and "disturbing market order", and puts forward the author's opinions, Then it further discusses the identification of the fourth bottom-up clause of the crime of illegal business "other illegal business acts that seriously disrupt the market order". Finally, it expounds the concurrence with other crimes in the judicial determination of the crime of illegal business and the treatment principles, and makes a summary in order to enhance the crime.