All the time，The crime of illegal business operations has been criticized by academic circles as a "pocket crime" because of its cover-up clause，"Pocket crime" usually has "a lot of crime content"、The connotation is vague and changing、Difficult to define extension” and other characteristics。To get out of the dilemma of illegal business crimes and abuse，The key lies in the reconstruction of the concept of criminal law bet365 bonus code 2023。The flaws of the pure conceptual system on which traditional criminal law bet365 bonus code 2023 theory relies are gradually exposed，There is an urgent need to combine legal doctrine with social science jurisprudence，Constructing a systematic criminal law bet365 bonus code 2023 concept of "listening and understanding"，Enhance the responsiveness of criminal law bet365 bonus code 2023、Procedural and constitutionality。

　　Normative level: multi-level concept of criminal law bet365 bonus code 2023

The meaning of criminal law norms has been shaped by objective facts and constantly changing since its birth，There are no stable and unchanging criminal law norms。For example, the central role of physical damage in the crime of damaging property is gradually declining，Utility-destroying behavior gradually becomes centralized and becomes a prototype category。In fact，Criminal law bet365 bonus code 2023 is restricted by the background of the times and affected by the individualization of subject cognition，It is increasingly difficult for people to reach a consensus on the core meaning of the text。As in industrial society，There is no objection if the core meaning of provoking quarrels and provoking troubles is understood as the destruction of real social order，But in the network society，The understanding of the core meaning of picking quarrels and provoking troubles is becoming more diverse。In this context，In order to cater to real life，The core meaning appears abstract、Hierarchical、Tendency to dilute，The significance of judicial guidance has been greatly weakened，The "range theory" has also fallen into a kind of "no skin"，The dilemma of "How can General Mao be attached"。In view of this，We should have the courage to admit the multi-layered nature of criminal law bet365 bonus code 2023 in the network society、Polycentricity and Rheology。The "range theory" originated in the traditional era can only add resistance to the current bet365 bonus code 2023 of criminal law，It cannot meet the needs of criminal law to regulate crime，It also makes the internal contradictions of the bet365 bonus code 2023 theory more acute，Facing the danger of tearing apart in the network society。Pluralism based on semantics and social reality，The concept of multi-level criminal law bet365 bonus code 2023 is particularly necessary。

The blanket clause for illegal business crimes is naturally consistent with the multi-level concept of criminal law bet365 bonus code 2023，Making flexible bet365 bonus code 2023 of illegal business crimes possible。The prerequisite for correctly understanding the cover clauses of illegal business crimes is to get rid of the shackles of traditional bet365 bonus code 2023 theories，Break the blind obedience to the core meaning of the norm。Such as the evolution of networking based on the meaning of "business"，Incorporate positive order fraud into the scope of illegal business crimes。

　　Methodological level: "path-oriented" criminal law bet365 bonus code 2023 concept

The "result-oriented" bet365 bonus code 2023 concept advocates presupposing the bet365 bonus code 2023 results in advance，And guide the bet365 bonus code 2023 process with self-formulated bet365 bonus code 2023 stance，This forms a logically self-consistent closed loop。This theory has the following flaws: First，Logically，The far-reaching impact of the explanation conclusion has exceeded the scope of human rational cognition，Especially in the network society with diverse values，Pluralism of values ​​and foreseeability of results are a pair of basic contradictions，Various variables emerge one after another and are constantly superimposed、Fermentation，causing many unexpected results。Secondly，The prediction and selection of results still belong to the category of value judgment，The subject of outcome prediction and choice、Problems such as the specific content of the results cannot be satisfactorily resolved，Can’t help but fall into the dilemma of talking to oneself。Finally，The fundamental flaw of this theory is that it uses seemingly perfect logic to cover up the fact that the bet365 bonus code 2023 results are arbitrary and presupposed，This makes it impossible to assume the important task of ensuring the rationality of the bet365 bonus code 2023 conclusions，And it is easy to become a vassal of power。Because the explanation conclusion is preset in advance，Explain the process and direction in accordance with established procedures，At best, it is just a means to justify the conclusion of explanation，Resulting in the legitimacy and persuasiveness of the explanation conclusion being greatly reduced。Compare with default results，Paving the path is a more stable and flexible bet365 bonus code 2023 of criminal law，Scientific planning of explanation paths is far more reliable than presupposing vague explanation conclusions。The "path-oriented" bet365 bonus code 2023 theory prevents interpreters from arbitrarily injecting their own will into bet365 bonus code 2023 results and bet365 bonus code 2023 methods，Reduces the miscarriage of justice caused by the interpreter’s personal tendencies or biases，Body will be explained、Explanation object、Explanation process、Many elements such as explanation and conclusion are exposed to the public eye，If supplemented by the intersubjective explanation model，It will inevitably make the explanation conclusion more convincing。

In the process of interpreting the cover clauses of bet365 bonus code 2023，The interpreter needs to exercise the utmost care and take into account the many factors related to the case，Consideration and analysis of different factors generate different purposes or tendencies，These different purposes or tendencies can be compared to forces radiating in different directions，Under the combined action of various forces，Finally come to an explanation conclusion，This explanation conclusion only needs to satisfy the national prediction possibility and normative possibility。

　　Situational Level: Functionalist Concept of Criminal Law bet365 bonus code 2023

We cannot base on a single、Absolute factors to explain legal phenomena，Including society、Economy、History、A series of value judgments at the cultural and psychological level，All invisibly affect the judicial process。In the criminal justice process，It’s not just the rules that determine the referee’s conclusion，Also includes situations，Situation is a subjective and objective situation related to criminal law evaluation。Situational logic emphasizes placing norms in context to understand and interpret them，Avoid judicial formalization and logical simplicity。Under the influence of situational logic，Conceptualist thinking paradigm has been criticized，Functionalist view of criminal law gradually takes shape。The functionalist view of criminal law emphasizes actively responding to complex external environments，In the process of interaction between the legal system and the external environment，Promote the self-evolution of criminal law。As a subordinate concept of the functionalist view of criminal law，The functionalist concept of criminal law bet365 bonus code 2023 opposes the conceptualist thinking paradigm，Believe that legal bet365 bonus code 2023 is the product of system and power structure，Not a purely logical process。This avoids the alienation of criminal justice from real society，Enhance the social adaptability of criminal law，The bet365 bonus code 2023 of criminal law norms is no longer just a logical circular reasoning in the ontological sense，It is a functionalist development oriented towards revealing the objective nature of things。

In the process of interpreting the cover clauses of illegal business crimes，In addition to considering normative factors，The impact of non-normative factors on characterization should also be studied and judged based on legal interests，Such as basic bet365 bonus code 2023 policy、Economic policy in a specific period、Cultivation orientation for specific industries、Regional economic coordination, etc.。The investigation of non-standard factors must be based on respecting the laws of the market、On the basis of clarifying the relationship between the government and the market。

　　Restrictive level: the concept of criminal law bet365 bonus code 2023 of constitutionality

The concept of multi-level and functionalist criminal law bet365 bonus code 2023 opens up the necessary bet365 bonus code 2023 space for criminal justice，However, the neutrality of bet365 bonus code 2023 positions and methods does not automatically achieve the legitimacy of application，Improper application of objective explanation and purpose explanation may also lead to the destruction of the principle of statutory crime and punishment。For this，It is necessary to remain vigilant against unrestrained substantive interpretations of criminal law，Possible meanings of non-contravention criminal law provisions，While dancing while wearing standardized "shackles"，It must also be based on the principle of unity of law and order，Put criminal law bet365 bonus code 2023 under the control of the Constitution，Resolve differences in criminal law bet365 bonus code 2023 with constitutional bet365 bonus code 2023，Constructing the external framework of the limits of criminal law bet365 bonus code 2023，Endorsing the legitimacy of the conclusions of criminal law bet365 bonus code 2023。From the perspective of the relationship between criminal law and the constitution，As a subordinate law, criminal law should be restricted by the Constitution，Including restrictions on the bet365 bonus code 2023 of criminal law。Judges have the obligation to ensure that the conclusions of criminal law bet365 bonus code 2023 do not exceed the basic values ​​declared by the Constitution、Spirit and Order。The Constitution does not oppose the protection of rights to the maintenance of order，It reflects the complexity of legislative purpose and value，We need to implement compliance controls on illegal activities，Legitimate or innovative activities also need to be protected。It’s worth noting，Constitutional bet365 bonus code 2023 is not a combination of “literary bet365 bonus code 2023 + purpose bet365 bonus code 2023”，Otherwise, you will lose your independence and necessity。In fact，The main purpose of the constitutional bet365 bonus code 2023 is to restrict lower-level laws through higher-level laws，Achieve external control of purpose bet365 bonus code 2023。

The cover clause for illegal business crimes，In form，All possible bet365 bonus code 2023 conclusions, including the purpose bet365 bonus code 2023 conclusion, can be measured based on the Constitution，Match the bet365 bonus code 2023 conclusion that is most consistent with the basic principles and spirit of the Constitution。In substance，The regulatory and protective functions of bailout clauses should be scientifically chosen。Highly harmful to society，High incidence rate and spreading，Illegal behavior that reaches a level that is intolerable to society，We should focus on the criminalization and control functions of constitutional bet365 bonus code 2023。Behaviors that are less harmful to society and less necessary for regulation，We should focus on the criminalization and protective functions of constitutional bet365 bonus code 2023。

In summary，Adhere to the multi-level and functionalist criminal law bet365 bonus code 2023 concept，Can make illegal business crimes effectively respond to real life；Adhere to the "path-oriented" and constitutional bet365 bonus code 2023 concepts of criminal law，It can prevent illegal business crimes from becoming “pocket crimes”。The game of conceptual response and restrictive effectiveness through different levels of criminal law bet365 bonus code 2023，Properly delineate the criminal circle of illegal business crimes。

　(Author’s unit: Department of bet365 bonus code 2023, School of Liberal Arts, North China University of Technology)