非法经营罪限制扩张适用问题分析word论文.docxVIP

非法经营罪限制扩张适用问题研究摘要析，指出该罪名中所存在的致使其沦落为“口袋罪”的原因，分析非法经营罪不断扩大之危害，从根本上找出原因。 第五章根据非法经营罪兜底性条款在司法实践中的适用，指出其扩大化的现状，并以法律解释的方法对其扩大化解释进行限缩。 第六章根据前述关于非法经营罪理论上、适用上所存在的困境，通过规范法律解释方法，限制“国家规定”的范围，对“量刑”依据进行控制，以期找 到防止非法经营罪无限扩大化解释的方法。关键词：非法经营罪司法扩张罪刑法定司法解释IIAbstractCrime of illegal business based on a speculation. With the continuous development of economic society and the rule of law matures, deviate from the track of the rule of law development of speculation has already can not adapt to the requirements of the development of the social economy, and in 1997, criminal law abolished speculation, and the crime of illegal business for short, it is a big improvement than before, but as the crime of illegal business judicial interpretation in the judicial practice expands, the crime of illegal business cant escape from the whole fate and was widely criticized. Lots of judicial interpretation of the crime of illegal business whether there is a breach of the principle of a legally prescribed punishment, whether expanding pockets against the criminal law of tolerance, in the crime of illegal business in violation of the provisions of regulations of the state, what on earth is, if the circumstances are serious how to consider, whether to abolish the crime of illegal business and so on, a series of problems widely discussed by the scholars. But the discussion of the crime of illegal business is mainly with the disadvantages of this crime shown by, reason and harm and so on, and based on this, advances the Suggestions, such as scrap out sex under in front of the alternative is not found, the terms of the scrap out sex seems unwise.Legal interpretation is the life of the law. This paper from the crime of illegal business is on the basis of the theory and practice, combining with the illegal business crime in theory and present problems in the judicial practice, by comparative study, system research method, literature research and other research methods, from the perspective of the legal interpretati