二、类型化分析：主要行为模式与辩护要点 在刑事法律的演进历程中，非法经营罪以其独特的兜底条款特性，逐渐从特定的经济管制工具演变为市场经济活动中的"口袋罪"。这一转变既反映了经济社 会发展的复杂性，也给刑事辩护带来了前所未有的挑战。 非法经营罪的规范体系经历了从具体到抽象的演进过程。1997年刑法最初确立本罪时，仅规定了三种具体情形：未经许可经营专营专卖物品、买卖进出口许 可证和批文、其他严重扰乱市场秩序的非法经营行为。这一立法设计体现了当时对经济管制领域的明确界定。 然而，随着市场经济的发展和社会情势的变迁，通过《刑法修正案》及司法解释的不断补充，非法经营罪的适用范围持续扩大。目前已经形成包括非法从事 资金支付结算、非法经营出版物、非法经营电信业务等十余种具体类型，以及"其他严重扰乱市场秩序"的兜底条款。这种"具体列举+兜底条款"的立法模 式，既为打击新型非法经营行为提供了法律依据，也为辩护工作创造了空间。 1. 未经许可经营特定业务类型 此类案件涉及金融、电信、出版等特许经营领域。辩护重点应当围绕行政许可的范围和效力展开。例如在非法从事支付结算业务案件中，需要准确界定"支 付结算业务"的范围，区分单纯的资金 ...

Group 1 - The core viewpoint emphasizes the importance of national security as a fundamental aspect of people's well-being and societal stability in China [1] - Over the past five years, China has integrated the overall national security concept into various legal frameworks to ensure public safety and social order [1] - The concept of a "Safe China" has become a significant aspect of the country's image, reflecting the government's commitment to maintaining security [1] Group 2 - International students in Xi'an express a strong sense of safety, highlighting the contrast with their home countries [4][6][8] - The Chinese government has implemented strict measures to enhance public safety, resulting in a significant decrease in criminal activities, with a 25.7% drop in criminal case filings in 2024 compared to the previous year [8] - China is recognized as one of the safest countries globally, with the lowest homicide rate and minimal violent crime incidents [8] Group 3 - The national security agencies have successfully thwarted significant cyberattacks from foreign entities, particularly from the U.S. National Security Agency, which aimed to disrupt critical national infrastructure [10] - The government has actively pursued and dismantled espionage activities, reinforcing the legal framework to protect national security [12] - Community correction programs have been established to rehabilitate offenders, emphasizing the importance of reintegration into society and reducing recidivism rates [26]

Group 1 - The core viewpoint emphasizes the importance of national security in ensuring public safety and social stability in China, highlighting that a secure environment contributes to the happiness of the people [1] - Over the past five years, China has implemented a comprehensive national security strategy, which has led to a significant decrease in criminal activities, with a 25.7% year-on-year reduction in criminal case filings in 2024 [11] - China is recognized as one of the safest countries globally, with the lowest homicide rate of 0.44 per 100,000 people and a continuous decline in serious violent crimes [11] Group 2 - International students in Xi'an express a strong sense of safety, noting that they can freely explore the city at any time, which contrasts with their experiences in their home countries [3][5][7] - The positive atmosphere for foreign students is attributed to the Chinese government's robust public safety measures, which have enhanced the legal framework for ensuring safety [8] - The national security agencies have actively countered threats, including a significant cyberattack planned by the U.S. National Security Agency, demonstrating the effectiveness of China's security measures [11][13] Group 3 - Community correction programs in China aim to reintegrate offenders into society, reducing recidivism through targeted support and rehabilitation efforts [21][22] - The community correction system has provided psychological counseling to 6.637 million individuals and vocational training to 768,000 individuals, facilitating their transition back into lawful citizenship [22][24] - The approach combines supervision with educational support, reflecting a commitment to a balanced criminal justice policy that emphasizes both accountability and rehabilitation [22][24]

当前，我国刑事犯罪案件结构发生显著变化，轻罪案件占比大幅上升，轻罪案件高质效处理对于提 升犯罪治理能力和水平具有重要意义。盗窃罪是轻罪案件中的"高发罪名"，由于其基本犯法定最高刑不 超三年，侵犯的财产法益可通过退赃退赔进行修复，故具备利用刑法总则"但书"条款予以实体出罪的先 天条件。然而，司法实践中对盗窃罪运用"但书"条款出罪却比较困难。随着全面准确贯彻宽严相济刑事 政策的推进，司法实践中更加注重对轻微盗窃行为进行宽缓化处理，如适用非监禁刑、缓刑等较为轻缓 的处罚方式。在此，以轻微盗窃犯罪处理为例，分析司法机关应当重视"但书"条款在轻微犯罪处理中的 应用。 轻微盗窃犯罪依法出罪的理据分析 畅通依法出罪机制是全面准确贯彻宽严相济刑事政策的应有之义。全面准确贯彻宽严相济刑事政策 的核心要义就是对重罪"该严则严"与对轻罪"当宽则宽"。近年来，我国增设多项轻罪，体现"严密法 网"的"严"，但治理不能仅停留在"入罪扩张"，更需通过"出罪收缩"实现"宽"。若对轻微盗窃行为一概入 罪，既违背刑法谦抑性，也浪费司法资源。从司法实践看，对轻微盗窃的处理应符合宽严相济之"教育 挽救为主、惩罚为辅"的初衷。因此，激活盗窃罪出罪机制 ...

Core Viewpoint - The Supreme People's Court is committed to promoting high-quality development in criminal trials to support economic growth and social stability [1] Group 1: Criminal Trial Work - The People's Court is enhancing criminal trial work by implementing a balanced criminal policy and ensuring fair trials for various criminal cases [1] - Significant achievements have been made in maintaining national security, social stability, and safeguarding human rights through judicial guarantees [1] Group 2: Punishment of Serious Crimes - The People's Court will impose strict penalties on serious criminal offenses, particularly those that harm vulnerable groups, agriculture, and public health [1] - There will be a focus on punishing crimes related to personal information infringement and online misconduct [1] Group 3: Evidence and Procedure - The court emphasizes the importance of factual evidence, adhering to evidence-based judgments, and ensuring that the presumption of innocence is upheld [1] - The court will enhance trial procedures and utilize pre-trial meetings to improve trial efficiency [1] Group 4: Social Impact and Governance - The court aims to balance punishment with governance, promoting fair judgments to influence social norms positively [1]

Core Points - The Supreme People's Court held the eighth National Criminal Trial Work Conference on November 13, 2025, after a six-year interval, emphasizing the importance of criminal trial work [1] - The meeting highlighted the need to integrate legal professional judgment with public perception of fairness and justice, advocating for a balanced approach in sentencing [1][2] - There is a strong focus on the severe punishment of serious crimes, including subversion and violent terrorism, to safeguard national political security [1][2] Summary by Sections Criminal Justice Philosophy - The meeting stressed the importance of a people-centered development approach, combining legal judgments with public understanding of justice [1] - It called for a comprehensive implementation of the policy of balancing leniency and severity in criminal justice, considering the social harm of crimes and public sentiment [1][2] Punishment of Serious Crimes - The meeting emphasized the need for strict punishment of serious crimes such as subversion and terrorism, reinforcing national security [1][2] - It also highlighted the ongoing efforts to combat organized crime and corruption, with a focus on economic sanctions against offenders [1][2] New and Emerging Crimes - The meeting addressed the need for strict punishment of various economic crimes, ensuring equal protection of property rights across different ownership types [2] - It called for a clear distinction between economic disputes and economic crimes to prevent misuse of criminal law in civil matters [2] Juvenile Crime Prevention - The meeting underscored the importance of a balanced approach in dealing with juvenile offenders, combining punishment with education and rehabilitation [3] - It emphasized the need to address the rising issue of internet-related crimes and the necessity for improved judicial rules to tackle these challenges [3] Judicial Statistics - From 2020 to 2024, courts adjudicated 5.8446 million criminal cases, with 7.9391 million individuals sentenced [4] - There was a notable decrease in financial crime cases, with a 15.51% drop in cases like illegal fundraising and money laundering compared to the previous five years [4]

10月21日，最高人民法院公布2025年1月至9月司法审判工作主要数据。2025年1月至9月，全国法院受理 各类审判执行案件3225.7万件（刑事案件117.9万件，民商事案件2117.4万件，行政案件57.4万件，执行 案件854.5万件），与上年同期包括诉前调解成功在内的各类案件相比下降9.17%。 公布的主要数据中，包括立案和先行调解情况、刑事案件审判情况、民商事案件审判情况、行政案件审 判情况和执行案件办理情况等。 刑事案件审判情况方面，人民法院全面准确贯彻宽严相济刑事政策，依法惩治各类犯罪，有力维护国家 安全社会稳定，保障人民安居乐业。 民商事案件审判情况方面，人民法院依法妥善审理民商事案件，着力加强民生司法保障，平等保护各类 所有制经济，激发市场活力，服务保障经济发展行稳致远。 受理民商事一审案件1895.4万件，与上年同期的一审立案数量（不含诉前调解成功案件，下同）相比上 升37.45%。 受理劳动争议一审案件64.8万件，同比上升37.5%。最高人民法院制定《关于审理劳动争议案件适用法 律问题的解释（二）》，发布配套典型案例，引导各级法院注重依法平衡保护用人单位与劳动者合法权 益，构建和谐劳动 ...

Core Viewpoint - The Supreme People's Court has released six typical cases regarding the punishment of crimes involving the modification of nail guns into firearms, highlighting the serious safety risks and social harm associated with such activities [1][2][3]. Group 1: Legal Enforcement and Social Stability - The court emphasizes strict legal enforcement to maintain social stability and protect public safety, as modified firearms can escalate criminal activities and cause public panic [1][2]. - The typical cases involve illegal manufacturing, selling, and possession of modified firearms, which violate national gun management regulations [1][2]. Group 2: Balanced Judicial Approach - The court adopts a balanced approach in handling such cases, applying strict penalties for severe offenses while considering leniency for minor infractions or cases where individuals voluntarily surrender firearms [2][3]. - The cases illustrate the principle of "leniency in minor cases and severity in serious cases," encouraging self-reporting and cooperation with law enforcement [2][3]. Group 3: Public Awareness and Legal Education - The release of these cases aims to raise public awareness about the risks associated with illegal firearms and the importance of adhering to gun control laws [3]. - The court seeks to clarify legal boundaries and reinforce the message that any illegal manufacturing, selling, or possession of firearms is punishable by law [3]. Group 4: Case Summaries - **Case 1: Wu Mouxiang's Illegal Manufacturing of Firearms**: Wu modified a nail gun into a firearm and was sentenced to two years in prison with a three-year probation due to his cooperation with authorities [7][8][9]. - **Case 2: He and Liu's Illegal Sale and Mailing of Firearms**: The defendants sold modified nail guns online, resulting in sentences of 12 and 11 years in prison for serious public safety violations [10][11][13]. - **Case 3: Luo's Illegal Manufacturing and Possession of Firearms**: Both defendants were involved in illegal activities leading to injuries, with sentences reflecting their cooperation with law enforcement [14][15][16]. - **Case 4: Chen's Illegal Possession and Use of Firearms**: Chen was sentenced to four years and six months for illegal possession and hunting protected wildlife with modified firearms [18][19][20]. - **Case 5: Zhang's Illegal Possession of Firearms**: Zhang received a sentence of three years and three months for possessing modified firearms with intent to harm [21][22][24]. - **Case 6: Sun's Illegal Manufacturing of Firearms**: Sun was sentenced to three years in prison with a three-year probation for modifying nail guns, reflecting a lenient approach due to his background and intent [25][26][27].

Core Viewpoint - The Supreme People's Court of China has released six typical cases to combat the illegal modification of nail guns into firearms, highlighting the serious public safety risks and social harm associated with such activities [1][2][3] Group 1: Legal Enforcement - Strict legal measures are being implemented to maintain social stability and protect public safety, with severe penalties for crimes involving modified nail guns that result in injury or illegal trade [1] - The cases emphasize the need for stringent control over firearms and explosives to prevent escalation of criminal activities [1] Group 2: Balanced Judicial Approach - The courts are adopting a balanced approach in handling such cases, imposing severe penalties for serious offenses while considering leniency for individuals who possess firearms for personal reasons without causing harm [2] - Some cases have resulted in probation, reflecting a policy that encourages self-reporting and voluntary surrender of illegal firearms [2] Group 3: Public Awareness and Prevention - The announcement of these cases aims to raise public awareness about the dangers of illegal firearm activities and reinforce the legal boundaries regarding gun ownership and modification [3] - The Supreme Court encourages citizens to enhance their safety and legal awareness, urging them to report any illegal firearm activities to law enforcement [3]

Core Viewpoint - The central government is drafting a new round of legal construction planning to enhance the rule of law in China, which is seen as a crucial guarantee for modernization and economic vitality [1][3]. Group 1: Legal Environment and Reforms - The legal environment is being improved to foster a business-friendly atmosphere, with a focus on equal protection for various business entities and addressing enforcement issues [2][3]. - The judicial system is undergoing reforms, including the implementation of a lifelong responsibility system for case quality and accountability for wrongful cases, which aims to enhance judicial efficiency and public trust [2][3]. Group 2: Legislative Achievements - During the "14th Five-Year Plan" period, significant legislative progress has been made, including the enactment of 36 new laws and amendments to 63 existing laws, contributing to a robust legal framework [4]. - The current effective legal framework includes 306 laws, 600 administrative and supervisory regulations, and over 14,000 local regulations, reflecting a dynamic and evolving legal system [4]. Group 3: Dispute Resolution and Mediation - Nationwide, over 79 million disputes have been mediated by people's mediation organizations, achieving a success rate of over 95%, indicating effective conflict resolution mechanisms [5]. - The number of mediation committees and mediators has significantly increased, enhancing the capacity to address common disputes in various sectors [5]. Group 4: Judicial Statistics - National courts have received a total of 189.74 million cases during the "14th Five-Year Plan" period, showcasing the high demand for judicial services [6][7]. - The courts have adjudicated 5.23 million criminal cases, reinforcing the commitment to combat serious crimes and enhance public safety [8]. Group 5: Economic and Market Support - The legal framework supports the promotion of the private economy and fair competition, with measures in place to protect various forms of ownership and stimulate market vitality [8]. - Intellectual property cases have been adjudicated to the tune of 2.34 million, fostering an environment conducive to innovation and creativity [8].