Study on the Legal Application of the "Bottom Clause" of the Crime of Illegal Operation

DOI

10.2991/iccessh-19.2019.414How to use a DOI?

Keywords

illegal operation; bottom terms; legal punishment; application of law

Abstract

From the "one-dimensional" perspective of "bottom clause" as the research center to the "two-dimensional" perspective of the relationship between "bottom clause" and the principle of clarity of criminal law, this paper establishes the principle of balance between "violating state regulations" and the principle of relative clarity. This imbalance is one of the reasons for the unlimited expansion of the "bottom clause" of the crime of illegal operation, which is mainly manifested in the imbalance between the "bottom clause" and the principle of clarity, the "bottom clause" and the statutory illegal business behavior, the "serious" circumstances of the "bottom clause" and the three principle of clarity. The abolition of the crime of illegal operation and the application of the principle of absolute clarity cannot solve the dilemma of judicial application of the crime of illegal operation. Only by solving the applicable dilemma of the law and judicial interpretation of the "bottom clause" of the crime of illegal operation, and clarifying the balanced relationship between the former and the principle of the clarity of criminal law, can it be available to find the solution path. By perfecting the legal application of the "bottom clause" of the crime of illegal operation from three aspects, namely by restricting the "bottom clause" of the crime of illegal operation and the law application of bottom, the method of analogy reasoning is adopted appropriately, and the legal provisions such as the judicial interpretation related to the crime of illegal operation are cleaned up, which provides a relatively reasonable, pragmatic and appropriate angle.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Yue Li
PY  - 2019/07
DA  - 2019/07
TI  - Study on the Legal Application of the "Bottom Clause" of the Crime of Illegal Operation
BT  - Proceedings of the 4th International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2019)
PB  - Atlantis Press
SP  - 1934
EP  - 1939
SN  - 2352-5398
UR  - https://doi.org/10.2991/iccessh-19.2019.414
DO  - 10.2991/iccessh-19.2019.414
ID  - Li2019/07
ER  -