Always，The crime of illegal business is criticized by the academic community as a "pocket crime" because of its bottom clause，"Pocket crime" usually has "crime culvert content more、Connotation is blurred and changing、Extension Disciplinary Difficulty "and other features。Dilemma of abuse of illegal business crimes，The key lies in the reconstruction of the concept of criminal law。The defects of the pure concept system based on the interpretation of traditional criminal law are gradually exposed，Unexpectedly combined with the doctrine and social science law，Construction of the systematic interpretation concept of "constructing" systematic criminal law，A response to the interpretation of criminal law、Process and Constitution。

　　bet365 live casino games

The meaning of criminal law specification has been shaped by objective facts since its birth.，There is no steady stable criminal law specification。The central status of physical damage in the crime of damaging property gradually declines，Effective damage behavior is gradually centralized and becomes a prototype category。In fact，Criminal Law Explanation is influenced by the restrictions of the background of the times and the influence of the subject cognition，It is increasingly difficult for people to understand the core literary meaning to reach a consensus。If in an industrial society，If you understand the core meaning of provocative trouble as the destruction of the actual social order, there is no objection，But in online society，The understanding of the core literature of provocation is more and more diverse。Bet365 app download In this background，To cater to real life，Core meaning presents abstraction、hierarchical、The tendency of dilution，The significance of judicial guidance is greatly weakened，"The theory of the range" is also caught in a "skin that is not existed，The dilemma of Mao will be attached。In view of this，We should have the courage to recognize the multi -layered interpretation of criminal law interpretations in the Internet society、Multi -centers and streaming。The "range theory" that is in the traditional era can only add resistance to the current criminal law interpretation，Neither can meet the needs of criminal regulations and regulations，It also makes the internal contradictions of the interpretation theory increasingly sharp，Facing the danger of tearing in online society。Diversity of semantic and social reality，Multi -level criminal law interpretation concept is particularly necessary。

The bottom clause of illegal business sins and multi -level criminal law interpretation concepts naturally fit，The flexible explanation of illegal operational crimes becomes possible。The premise of correctly understanding the bottom clause of illegal operations is to get rid of the constraints of the traditional interpretation theory，Break the blind obedience to the core of normative literature。Internet evolution based on the meaning of "business"，Incorporate the right order in the scope of regulation of illegal business crimes。

　　Method level: The concept of "path -oriented" criminal law interpretation concept

The interpretation concept of "result orientation" advocates preset the interpretation result in advance，And self -developed explanation position guidance and explanation process，From this forming a closed loop of logic self -consistent。The theory has the following defects: First of all，Logically speaking，The far -reaching impact caused bet365 best casino games by the conclusion of the interpretation conclusion has exceeded the scope of human rational cognitive，Especially in a diverse online society，Various value and results foresee that it is a basic contradiction，Various variables are endless and constantly overlap、fermentation，Tripping a lot of unexpected results。Next，The predictions and choices of the results still belong to the category of value judgment，The main body of the prediction and selection、Results and other issues cannot be successfully solved，I can't help falling into the predicament of self -talk。Last，The fundamental defect of the theory is the fact that the dedication of the interpretation result is preset with the logical logic，This makes it impossible，And it is easy to become a vassal of power。Preset in advance due to the conclusion of the explanation conclusion，The interpretation process and direction are performed in accordance with the established procedures，At best, it is just a means to explain the conclusion of legitimacy，The legitimacy and persuasion of the interpretation conclusion are greatly reduced。Compared with the preset results，The laying path is a more stable and flexible criminal law interpretation position，Scientific planning explanation path is far more reliable than preset explanation conclusions。The interpretation theory of "path -oriented" to prevent the interpreter's attempt to inject his will into the interpretation results and explanation methods，Reduce the judicial injustice brought by the explanator's personal tendency or prejudice，The interpretation subject、Explanation object、Interpretation process、Explanation conclusions and many elements are exposed to public eyes，Ruo Fu Zhi's interpretation mode of the subjective inter -subjective interpretation，It will inevitably make the explanation conclusion more convincing。

During the explanation Bet365 lotto review process of illegal business crimes，The interpreter needs to do his best to consider many factors related to the case，The consideration and analysis of different factors have generated different purposes or tendencies，These different purposes or tendencies can be comparable to the force that diverge in different directions，Under the comprehensive effect of various forces，Finally, the conclusion of the explanation，This interpretation conclusion can only meet the possibilities and specifications of national prediction and specifications.。

　　Situation level: The concept of explanation of functional criminal law

It is impossible for us to follow a single、Absolute factors to explain legal phenomena，Including society、Economy、History、A series of value judgments at the cultural and psychological level，All affect the judicial process。In the process of criminal justice，It is not just specifications that decide the referee conclusion，It also includes the situation，The situation is the subjective situation related to the evaluation of the criminal law。Situation logic emphasizes the specifications in the situation to understand and explain，Avoid the formalization of justice and the singleization of logic。Under the influence of situation logic，Conceptual thinking paradigm is criticized，Functional Criminal Law Outlook gradually takes shape。Functional Criminal Law emphasizes active response to complex external environments，In the process of interaction with the legal system and external environment，Promoting self -evolution of criminal law。The lower concept of the concept of criminal law，Functional Criminal Law Explanation Concepts Oppose Conceptual Mind Formula，It is believed that legal interpretation is the product of the system and power structure，Not a pure logic process。This avoids the alienation Bet365 lotto review of criminal justice and real society，enhanced the social adaptability of the criminal law，Interpretation of Criminal Law specifications is no longer just a logical circulation reasoning in the sense of ontology，Instead of revealing the objective and essence of things -oriented functionalism。

During the interpretation Bet365 lotto review process of illegal business crimes，Except for the specifications，It should also affect the impact of qualitative factors around the legal and benefit research and judgment，If the basic criminal policy、Economic Policy in a specific period、Cultivation orientation of specific industries、Regional economic coordination, etc.。The inspection of outside factors must be based on respecting the law of the market、Clarifying the bet365 live casino games relationship between the government and market relations。

　　Limited level: Constitution of Constitutional Criminal Law

Multi -level and functional criminal law interpretation concepts pioneered the necessary interpretation space for criminal judicial，But the neutrality of the explanation of the position and the method is not naturally reaching the applicable legitimacy，The improper use of objective interpretation and purpose interpretation is also possible to lead to the legal principles of destruction。For this，It is necessary to keep alert to the substantial interpretation of criminal law that tends to be unrestrained，The possible meaning of the provisions of the Criminal Law，Wearing a standard "shackle" dancing while dancing，It is also based on the principle of unity of law order，Make the criminal law interpretation under the unification of the constitution，Different from the interpretation of criminal law with constitutional interpretation，External framework for the interpretation of criminal law，legitimate endorsement of the conclusion of the criminal law。From the perspective of the bet365 live casino games relationship between the criminal law and the Constitution，Criminal law as the lower law should be restricted by the constitution，Among them, the restrictions on the interpretation of the criminal law。The conclusion that the judge is obliged to ensure that the interpretation of the criminal law does not exceed the basic value announced by the Constitution、spirit and order。The Constitution does not relative to the protection of rights with order protection，Instead, it reflects the complexity of legislative purpose and value，We need to regulate compliance with illegal activities，It is also necessary to protect legal or innovative activities。It is worth noting that，Constitutional interpretation is not a complex of "literary explanation+purpose interpretation"，Otherwise, you will lose your own independence and necessity。In fact，The main purpose proposed by the Constitutional Interpret，External control of the interpretation of the purpose。

Clause of the bottom of illegal business crimes，In formal，It can be based on the constitutional measurement of all possible interpretation conclusions, including the conclusion of the purpose interpretation，Matching the conclusion of the explanation of the most basic principles and spirit of the Constitution。In essence，The control and protection functions of the clauses of the bottom of the pocket should be scientifically selected。More harmful to society，The incidence rate is high and has diffusion，illegal behavior that cannot tolerate society，It should be focused on the context and control function of constitutional interpretation。Behavior of smaller social harm and regulation，It should be focused on the crime and protection function of the constitutional interpretation。

To sum up，Adhering to the concept of multi -level and functional criminal law，It can effectively respond to real life effectively when illegal business crimes; adherence to the Bet365 app download concept of "path -oriented" and constitutional criminal law，It can prevent illegal operations from being reduced to the fate of "pocket crime"。A game that responds to and limited efficiency through different levels of criminal law，Crime circles that properly delineate illegal business crimes。

　(Author Unit: Law Department of the School of Culture and Law, Northern University of Technology)