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自2009年来,刑法修正案(七)以及相关司法解释中关于非法经营罪的规定有所变化,非法经营罪的外延和内涵也随之变化。笔者以三年来浙江余姚法院审理的非法经营案件为样本,分析案件审理情况,总结经验,以期能更好的指导审判实践。一、审理非法经营案件的基本情况案件总量较少。自2009年来,余姚法院非法经营犯罪案件的总量较低,共审结44起。其中,2009年审结非法经营案件13起,占全年案件总量的0.95%;
Since 2009, the Criminal Law Amendment (VII) and related judicial interpretations have changed the provisions concerning the crime of illegal business operation. The extension and intension of the crime of illegal business have also changed. Taking the cases of illegal business trial in Zhejiang Yuyao Court for three years as a sample, the author analyzes the trial of the case and sums up the experience in order to better guide trial practice. First, the basic situation of the trial of illegal business cases less the total. Since 2009, the total number of illegal operation of criminal cases in Yuyao Court has been relatively low, with a total of 44 concluded. Among them, 13 cases of illegal business were concluded in 2009, accounting for 0.95% of the total number of cases in the year;