论非法经营罪的几个问题

非法经营罪的“其他严重扰乱市场秩序的非法经营行为”概括抽象，故有人认为该罪已成新的“口袋罪”，应分解或废除。理解此款只要遵循有附属刑法、行政法规、司法解释的明文规定且可追究刑责才纳入的原则，此罪就无侵犯罪刑法定原则之虑；中国现继续深化改革国情决定此罪应有灵活性，没必要分解或废除：修正案（七）颁布后的传销行为不能再定本罪。无经营主体资格出版、印刷、销售他人享有着作权的作品的，其行为既符合本罪又符合侵犯他人着作权罪或销售侵权复制品罪，属于法条竞合犯，应以后者定处。

The crime of illegal business

In the crime of illegal business, ＂other illegal dealing acts which seriously disrupt the market order＂ summed up the abstract, so that the crime of someone＇s pocket which has become the new crime should be decomposed or repealed. To understand the subsidiary as long as following the attaching criminal law, administrative regulations, the express provision of judicial interpretations and criminal liability can be held accountable for only the principle of inclusion, the crime of non-infringement on the principle of taking into account the statutory crime. The realistic instance which continues to deepen the innovation decides this should be flexible and there is no need to break down or repealed; after the enactment of amendment （number seven）, the pyramid scheme can no longer be determined to be the final version of the crime of acts. The entities which have no rights to publish, print, sell the copyright works of others, their behaviors are consistent with this crime as the crime of copyright infringement or offense of selling infringing copies of copyright works, which need to be determined as the jointer of offenses of ordinance of law should be scheduled for the latter office.