《刑法》第225条第4款规定的“其他严重扰乱市场秩序的非法经营行为”被学术界视为非法经营的兜底条款,其表述的开放性在提高法的运用方面起了重要作用,却也导致了司法实践中对非法经营罪兜底条款的过度扩张,从而违背了立法初衷,引发了学术界的争议。文章肯定了兜底条款的必要性。对兜底条款的界定做了分析讨论,以期对司法实践有所参考。 Article 225, paragraph 4, of the Criminal Law stipulates that “other illegal business operations that seriously disrupt the market order” are considered by the academic community as illegal clauses and the openness of the statements plays an important role in enhancing the application of the law However, it also led to the over-expansion of the illegal provisions of criminal law in judicial practice, thus violating the original intention of legislation and arousing academic controversy. The article affirmed the need to disclose the terms and conditions. Analyzed and discussed the definition of all the articles in the hope of giving some reference to judicial practice.