In order to solve the legislative cannot timely response to the new problems brought by the social transformation, the judicial organs will not explicitly stipulated in the criminal law of the illegal management behavior “expansion” to the miscellaneous provisions of crime of illegal business operation, application expansion variation leads to crime of illegal business out of, severely impact the clarity of the crime legal principle, and leads to abuse the power of criminal penalty and civil rights violations. The high abstraction in legislation and the alienation in judicature lead to the expansion and variation of the clause of illegal business operation, which in essence is the conflict between the function of protecting human rights and the function of protecting legal interests, and the root cause is the conflict between economic freedom and state intervention. The narrowed ways to resolve the conflict include avoiding the conflict and applying the civil law, administrative law or other specific charges to protect the interests as far as possible. In balancing conflicts, under the premise of protecting the interests of the law, judicial interpretations, guiding cases, indictments and judgments should, as far as possible, implement the principle of clarity. Conflict game, the function of legal interest protection is greater than the function of human rights protection can be applied to the miscellaneous provisions of crime of illegal business operation. Through the analysis of the predicament in the judicial application of the provisions on the miscellaneous provisions of crime of illegal business operation, the reasons for the expansion and variation of the application are abstractly extracted, the rational analysis is made from the perspective of the principle of clarity, the essence and root of the conflict are dug out, and the narrowed ways are put forward. In order to narrow the abuse of the right of punishment and protect the human rights of citizens, we should narrow the scope of application of the provisions on the underpayment of he miscellaneous provisions of crime of illegal business operation to the maximum extent through the above-mentioned ways to solve the conflicts.