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How does the law deal with the crime of illegal business operation according to the following facts? Please help and support your lawyer! Thanks @
The objective aspect of crime refers to the objective factual characteristics stipulated in criminal law, which shows the social harm of behavior and is a necessary condition for the establishment of crime. It includes harmful behavior and harmful result, time and place of crime. Method (means) is also a necessary condition for a few crimes. The objective conditions of crime are divided into two categories: one is the necessary conditions, that is, the necessary conditions of any crime, such as harmful behavior. The other is the choice condition, that is, the necessary conditions for some crimes or the special requirements for the elements of behavior. The former refers to the harmful result, while the latter refers to the time, place and method (means). Features: 1. The objective aspect of crime is legal. 2. The objective aspect of crime takes objective facts as its content. 3. The objective aspect of crime is to show that the behavior has violated the objective factual characteristics of social relations protected by criminal law. 4. The objective aspect of crime is an objective factor necessary for the establishment of crime. Elements: the objective content of a crime, mainly including harmful behavior, harmful result, criminal law causality, time, place and method of crime, etc. According to their different positions in the constitution of a crime, the objective elements of a crime can be divided into two categories: * * identical elements and non-* identical elements. * * * The same elements-harmful behavior is an element in all criminal constitutions. Without this element, there would be no crime, and there would be no crime of any kind or form. Non-identical elements-refers to the elements in the constitution of some crimes. Among them, the harmful result is a necessary element of most crimes. Meaning: 1 The objective aspect of crime is an important basis for distinguishing crime from non-crime. Without the objective elements of a crime, there is no objective basis for constituting a crime and assuming criminal responsibility. For all crimes, whether there is harmful behavior is a sign that determines whether the crime is established. Without behavior, there is no crime. Because there is only thought without externalization into behavior, there can be no social harm, and naturally there is no crime. For some crimes, the harmful result and the existence of specific crime method, time and place are also important criteria to distinguish crime from non-crime. For example, negligent crime requires specific harmful results. If there is no harmful result stipulated by law, it is impossible to identify negligent crime. For another example, the crime of illegal fishing of aquatic products is not established in Article 340th of the Criminal Law if the behavior of fishing aquatic products is not carried out in the no-fishing area, no-fishing period or using prohibited tools and methods. 2. The objective aspect of crime is the boundary between this crime and that crime. Many crimes in China's criminal law are often the same in criminal object, criminal subject and subjective elements. The reason why the law defines them as different crimes is mainly based on the different objective elements of crimes. For example, robbery, theft, fraud, looting and other crimes against property for the purpose of illegal possession are such cases. 3. The objective aspect of crime is the boundary between accomplished crime and attempted crime. On the premise of the establishment of a crime, the standard of the completed and unfinished forms of a crime mainly lies in whether the objective elements of the crime are available. For example, the distinguishing standard between accomplished and attempted intentional homicide lies in whether the victim's death occurs; The distinguishing standard between accomplished and attempted bribery crime lies in whether the actor has accepted other people's property. 4. The objective aspect of crime is an important basis for identifying and analyzing the subjective elements of crime. The objective aspect of crime is the objective externalization of the subjective aspect of crime, and subjective criminal intent can only be realized through objective harmful behavior. Therefore, in order to understand the subjective aspects of criminals, we must carefully analyze their objective aspects. Only by investigating the criminal's behavior, the results caused by his behavior and various objective conditions of his behavior can we correctly reveal the criminal's psychological attitude. 5. The objective aspect of crime is an important basis for sentencing. As far as different crimes are concerned, the criminal law stipulates different penalties for different crimes, mainly according to their different objective elements, which affects their different social harmfulness; As far as crimes of the same nature are concerned, the influence of the objective aspects of crime on sentencing is reflected in the following two aspects: first, from the legislative point of view, criminal law often takes whether a crime is aggravated or not as the basis; Secondly, from the perspective of judicial practice, different cases of crimes of the same nature, because of their different ways, means, time, place, conditions and specific objects, affect their social harmfulness, resulting in different penalties. In addition, whether the objective aspect of intentional crime is completed is the standard to distinguish the completed and unfinished forms of crime. The criminal code stipulates different sentencing standards for crime preparation, attempt, suspension and accomplishment respectively.