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从刑法修订以来,非法经营罪的修改较多,非法经营罪的适用范围非常广,而且司法解释多,因此出现与刑法“罪刑法定”原则冲突等问题,而且近几年非法经营罪“口袋化”越来越严重。基于此,本文分析了非法经营罪的适用所面临的现实冲突与矛盾,并且提出了非法经营罪立法完善的对策。
Since the revision of the criminal law, there have been many changes in the crime of illegal business operation. The scope of application of the crime of illegal business operation is very wide and there are many judicial interpretations. Therefore, there are problems with the principle of “legally prescribed punishment for crimes” and other issues. In recent years, Pockets are getting worse. Based on this, this article analyzes the actual conflicts and contradictions faced by the application of the crime of illegal business, and puts forward the countermeasures of perfecting the legislation of illegal business crime.