非法经营罪疑难问题研究

非法经营罪的犯罪客体为市场经营管理秩序,其犯罪对象应以法律、行政法规的规定为限,司法解释通常将其明确化.作为本罪客观行为表现的其他严重扰乱市场秩序的行为应作严格的解释,以最大限度地克服小口袋罪的弊端.本罪的司法认定也应予以充分重视.

Study of the Doubtful Question about the Crime of Illegal Business Operation

The object of the crime of the illegal business operation is the administrative order of the market operation, its criminal target should be limited by the stipulation of administrative regulations, which generally is cleared and defined by legal interpretation. As the objective action of this crime expressed by the other deeds of seriously disturbing the market order, it should be strictly interpreted, so as to overcome the defects of its broad definition. The judicial decision of this crime should also be fully valued.