论非法经营罪中的非法经营行为-法律专业论文.docxVIP

Abstract The crime of illegal business was a new charge in the 1997 Criminal Law which is an important part of economic crime system. However, since the birth of this crime, the argument has always existed in the academia because of the different cognition and understanding of the illegal business. It is true that the original meaning of the illegal business from the Etymology is apparently different from the one in the Criminal Law. Based on the legislative stipulation of this crime in China, present research in the theory and foreign legislation of the crime, illegal business behavior should be defined as an act that physical person or corporation violating national restrictions and operating industrial and commercial activities which are restricted or banned by government, or activities break the market supervision order so as to benefit from it. To deeply explore the illegal business behavior, it’s necessary to further analyze the structure of behavior which should be based on studying the pattern and object of behavior. Firstly, the pattern of behavior is various, specific including general clauses and fallback provisions. The general clause includes the following three types: illegal operation of monopoly and restricted products; transaction of import and export licenses, certificate of origin or other business certificate files set in law; the illegal conducting of security, futures, insurance, or settlement and expenditure of funds. And the fallback clause is presented as other acts which seriously violate the market orders. Secondly, the object of illegal business behavior includes not only monopoly and restricted products, transaction of import and export licenses, certificates of origin, or other business certificate files set in law, security, futures and insurance, but also the publish, print and copy in doing illegal publishing business, starting lottery, international and overseas telecommunications unauthorized. The ultimate goal of this research is