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Reasonable Restriction of the Preventing Article of Illegal Business Operation Crime

Author: XiaoZheng
Tutor: YangKaiXiang
School: Central South University
Course: Criminal Law
Keywords: Intercept constituent elements Blank facts Franchising Market access order Reasonable restrictions
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 37
Quote: 0
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Abstract


The crime of illegal business is The \The adoption of the 2009 Criminal Law Amendment (g) \the characteristics of the behavior is more clear, more favorable reference standards limit the crime of illegal business Terms of plugging unreasonable expansion . Sort out the theoretical basis of the crime of illegal business Terms of plugging \intercept the constituent elements in the status and functions of the entire criminal justice system , to avoid due to the positioning of the elements of the error and improper expansion direction for the follow-up study . Clear the elements of the elements with \relations , detailed analysis of the meaning and characteristics of the various elements can be reasonable on the whole , organic identified crime of illegal business to intercept the content and resize the object of the constituent elements , so as to achieve the reasonable determination of the Terms of plugging the crime . To demonstrate a specific , scientific plugging Terms standards, a reasonable evaluation of the existing judicial interpretation , while the limit is reached unreasonable expansion , reducing the old irrational , that in order to maintain the principle of legality .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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