非法经营罪司法适用问题探究——以王力军非法收购玉米案为例

Investigation on the Application of Illegal Operation Crime: A Case Study of the Case of Wang's Illegal Purchasing Corn

非法经营罪的设置,一定程度上对非法经营和扰乱市场经济秩序的行为起到了很好的打击效果。但由于空白罪状和兜底性条款的设置,导致与该罪有关的司法解释越来越多,使其适用范围越来越广。在司法实务中,有一些对社会危害不大,不具有刑事处罚性的行为也纳入了非法经营罪的范围,这严重违背了刑法的罪刑法定以及谦抑性原则。

The set of the Illegal Operation Law has achieved good effects of blowing the illegal operation and disturbing the order of market economy to some extent. But the set of Blank Counts and Miscellaneous Provisions lead to more and more judicial interpretations relating to the crime, and wider and wider its application. In judicial practice, some illegal business operations are also included in the scope of the crime of illegal business operation, which are not seriously harmful to the society and not criminal punishment cases. It is a serious violation of the provisions of the criminal law of our country and the principle of modesty.