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 ...

本案中，当事人王某因妻子经营的超市涉嫌非法经营烟草专卖品被公安局立案侦查，涉案金额高达千万 余元，王某及其妻子均被采取刑事强制措施。突如其来的刑事追诉让王某及其家庭陷入巨大困境，家中 85岁高龄的母亲身患糖尿病需专人照料，家庭唯一经济来源的超市因无人经营也濒临倒闭，全家面临着 经济与精神的双重压力。 接受委托后，陈赛男律师第一时间介入案件，迅速展开全面细致的调查取证与法律分析工作。通过多次 会见当事人、梳理案件材料，律师发现本案存在三个关键突破口：其一，涉案超市持有合法有效的烟草 专卖零售许可证，涉案行为本质系超范围经营，而非刑法意义上"未经许可"的非法经营，符合最高人民 法院相关批复中"不宜按非法经营罪处理"的核心情形；其二，王某仅系家庭临时帮工，未参与超市经营 决策、货源对接、定价核算等核心环节，对所谓"违法经营"缺乏主观认知，不具备非法经营罪要求的主 观故意与客观行为；其三，涉案经营的均为真品卷烟，未造成国家税收流失或消费者利益损害，社会危 害性显著低于无证经营假烟、走私烟的情形。 基于上述关键事实与法律依据，陈赛男律师制定了"既争无罪，也争取保"的双层辩护策略。一方面，陈 律师向侦查机关提交详细的应当 ...

Core Viewpoint - The article discusses the application of probation for individuals convicted of illegal business activities, emphasizing the conditions under which probation may be granted and providing case studies to illustrate these points [2][7]. Summary by Sections Definition and Legal Framework - Illegal business activities are defined as actions that disrupt market order and are conducted without proper authorization, including unauthorized sales of restricted items and illegal financial operations [3]. - The conditions for applying probation include: 1. The crime must be of a relatively minor nature, considering factors such as the amount involved and the impact on market order [3]. 2. The offender must demonstrate remorse through actions such as confessing, returning illegal gains, and apologizing to victims [3]. Assessment of Probation Eligibility - Additional conditions for probation eligibility include: 1. No risk of reoffending, which is assessed based on the offender's history and behavior during the legal process [4]. 2. The probation must not have a significant negative impact on the community, evaluated through the offender's community relations and compliance with laws during the probation period [6]. Case Studies - Case Study 1: An individual named Li sold cigarettes without a license, with a total illegal business amount of 50,000 yuan and illegal gains of 5,000 yuan. Li showed remorse by confessing and returning the illegal gains, leading to a probation sentence of one year and six months [6][7]. - Case Study 2: An individual named Zhang engaged in unauthorized foreign exchange trading with illegal business amounts of 2 million yuan and illegal gains of 200,000 yuan. Zhang's refusal to cooperate and history of similar offenses led to a three-year prison sentence without probation [7]. Legal Representation Strategies - Legal representatives should: 1. Thoroughly understand the case facts and the nature of the illegal activities to build a strong defense [8]. 2. Encourage the offender to express remorse and take responsibility for their actions [9]. 3. Facilitate the return of illegal gains to demonstrate remorse and reduce social harm [9]. 4. Communicate with the community to obtain supportive statements regarding the offender's character and the impact of probation [9].

Core Viewpoint - The article highlights the alarming case of a Wuhan citizen, Mr. Gao, who fell into a cycle of debt after taking out a loan of 200,000 yuan, leading to a total borrowing of 17.4158 million yuan and repayments of 28.876 million yuan, yet still being told he owes over 4.7 million yuan [1][8][12]. Group 1: Loan Details - Mr. Gao initially borrowed 200,000 yuan but received only 188,000 yuan after deducting fees, which is a common practice known as "head-cutting interest" [4][6]. - The first loan led to immediate pressure to repay 41,000 yuan, and due to financial constraints, he was encouraged to take new loans to pay off old ones [5][6]. - Over time, Mr. Gao took approximately 100 loans, resulting in a total borrowing of 17.4158 million yuan and repayments of 28.876 million yuan, with a remaining debt of over 4.7 million yuan [8][12]. Group 2: Legal Implications - Six lenders have been detained for illegal business practices, with some facing serious charges under the law [9][12]. - The average interest rates on these loans were reported to be over 500 times the legal limit set by the government, which has recently changed to be based on the LPR index [12][13]. - The article emphasizes that practices like "head-cutting interest" and "trap loans" are targeted by law enforcement, with offenders facing potential prison sentences of five years or more [13].

Group 1 - The core message of the news is to highlight illegal activities in the foreign exchange sector and the importance of adhering to regulations to prevent violations [1][2][3] - The Supreme People's Procuratorate and the State Administration of Foreign Exchange have released six typical cases of criminal and administrative violations in the foreign exchange field from January 2020 to September 2023 [1] - The cases illustrate various methods of illegal foreign exchange transactions, including unauthorized currency exchange services and illegal trading of foreign currencies without proper licenses [1] Group 2 - The news emphasizes the need for unified enforcement and judicial standards to prevent regulatory loopholes in the foreign exchange sector, ensuring that both criminal and administrative responsibilities are addressed [2] - It is noted that individuals who merely lend their foreign exchange accounts without direct involvement in illegal activities may not face criminal charges due to lack of intent, but can still be subject to administrative penalties [2] - The publication aims to raise public awareness about the legal use of foreign exchange and warns against engaging in illegal activities that could facilitate underground money laundering operations [3]

Core Viewpoint - The rise of international gift cards has led to a new form of crime in China, where illegal trading of these cards is used to exploit currency exchange differences, posing a threat to financial order [1][6][7]. Group 1: Criminal Activities - A criminal gang was formed to illegally trade international gift cards, using a network company as a facade for their operations [2][3]. - The gang utilized cross-border chat applications to purchase gift cards from foreign holders and sold them domestically, profiting from the currency exchange rate differences [2][5]. - The total illegal operating amount for the network company reached 537.2 million yuan, while the trading volume for the trading company was 9.58 million yuan, with profits exceeding 7 million yuan from currency arbitrage [5]. Group 2: Legal Proceedings - The case was initiated after police received tips about illegal activities in the area, leading to the arrest of the gang members [4][6]. - The defendants claimed their actions were legal, but evidence from chat records and financial transactions indicated their awareness of the illegal nature of their activities [4][6]. - The court sentenced 20 defendants to prison terms ranging from 5 months to 7 years and 6 months, with fines imposed, which were upheld upon appeal [6][7]. Group 3: Regulatory Implications - The illegal trading of international gift cards disrupts financial order and poses significant challenges to economic security in China [7][8]. - The case highlights the need for improved regulatory mechanisms and collaboration among law enforcement, foreign exchange management, and market supervision agencies to combat such illicit activities [7][8]. - The characteristics of this crime include strong concealment, complex payment methods, and a well-organized structure, indicating a complete criminal industry chain [8].