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1997年刑法正式确立非法经营罪,随着立法的不断完善,非法经营罪的外延也不断扩大,但繁多的司法解释和庞杂的行政法规,也导致了非法经营罪司法适用混乱的现状。本文以罪刑法定原则为指导,对非法经营罪定罪标准问题进行一番研究,以期能够发挥抛砖引玉的价值。
In 1997, the criminal law formally established the crime of illegal business. With the constant improvement of legislation, the extension of crime of illegal business also expanded continuously. However, numerous judicial interpretations and complicated administrative regulations also led to the current situation that the judicial application of illegal business crime was confusing. Guided by the principle of legality, the article makes some research on the standard of conviction of the crime of illegal business, with a view to giving full play to its value.