After the implementation of the new criminal law 10 years, we will find that the old "pocket crime" disappeared, but the new "pocket crime" appeared; Although the big "pocket crime" disappeared, the small "pocket crime" still exists. 1997 shortly after the promulgation of the new criminal law, it is gratifying to abolish the big "pocket crime" of speculation, but there are hidden concerns about leaving the small "pocket crime" of "illegal business operation". Nowadays, through the legislative interpretation in the National People's Congress Standing Committee (NPCSC) and the judicial interpretation in the Supreme People's Court and the Supreme People's Procuratorate, the scope of the crime of illegal business operation is expanding. Illegal trading in foreign exchange, illegal securities, futures or insurance business, illegal publishing, illegal telecommunication business, illegal pyramid selling, production and sale of lean meat, price fraud and profiteering, and even illegal establishment of Internet cafes and websites are all included in the crime of illegal business operation.

Other crimes, such as the crime of stirring up trouble, abuse of power and dereliction of duty, also have similar problems. For example, although the new criminal law concretizes many dereliction of duty into other crimes, it still retains the crime of dereliction of duty, resulting in dereliction of duty that does not constitute other crimes still being included in this "pocket". As a result, the original intention of legislation (protecting human rights) was not achieved, but the code was bloated. Legislation is only the first step to realize the benign criminal rule of law, and the change of ideas, the improvement of law enforcement mechanism and law enforcement environment are equally important. Compared with legislation, the latter takes even more time to produce. At the same time, we don't have to be overly optimistic about the perfection of legislation, but we should fully realize the influence of the characteristics of the social times on the law in life. Only in this way can we realize the requirement of "legally prescribed punishment for a crime" to protect human rights to the maximum extent, and optimize the interpretation and application of the law through the deep-rooted legal spirit and culture. After all, the clarity of law is limited. For example, the crime of libel in criminal law has produced a certain degree of "pocket crime" effect in practice, but what is "libel crime" is probably not clear in legislation, and it depends on the judiciary to a greater extent.