For 1 million, the sentence is one year, for 5 million, three years, and for 10 million, five years. (Crime of illegal business operations, Article 155 of the Criminal Law)

According to Article 225 of the Criminal Law of the People’s Republic of China, the crime of illegal business operations refers to the following illegal business activities in violation of national regulations one of the crimes.

(1) Operating special items or other restricted items stipulated in laws and administrative regulations without permission;

(2) Buying and selling import and export licenses, import and export licenses, etc. Certificate of origin and other business licenses or approval documents stipulated in laws and administrative regulations;

(3) Illegal operation of securities, futures or insurance business, or illegal financing without approval of the relevant national competent authorities Settlement business;

(4) Engaging in other illegal business activities, disrupting market order, and committing serious acts.

Extended information:

Other illegal business activities that seriously disrupt the market economic order.

①Illegal buying and selling of foreign exchange.

②Illegal operation of publications.

③Illegal operation of telecommunications business.

④ Add clenbuterol hydrochloride and other items that are prohibited for use in feed and animal drinking water to the feed produced and sold.

⑤ Establishing Internet access service business premises (i.e. Internet cafes) without authorization or engaging in Internet access service business activities without authorization.

⑥Illegal lottery operations.

Criminal subject

The subject of this crime is a general subject, that is, any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible. Units established in accordance with the law and capable of taking responsibility can also become the subject of this crime.

The subject of this crime refers to business operators according to the original intention of this article. However, under the conditions of market economy, "no one is not in business." If the subject of this crime is limited to special subjects, many people without business will be affected. The behavior of buying and selling goods, import and export licenses and import and export certificates of origin of any business license (non-operator) cannot be punished. Therefore, the subject of this crime is a general subject. Units can also constitute the subject of this crime.

Subjective aspect

The subjective aspect consists of intentionality and the purpose of seeking illegal profits. If the perpetrator does not seek illegal profits for the purpose of buying or selling business licenses because he does not understand the laws and regulations, he should not be punished for this crime and should be held administratively responsible by the competent department.

Conclusion

1. Criminal illegality is consistent with its administrative illegality. In other words, illegal operators must violate relevant industrial and commercial regulations. Without administrative illegality, there is no criminal offense. illegality.

2. Subjectively, it is required that the perpetrator must be intentional and for the purpose of profit. If he does not know that it is illegal and conducts illegal business without the purpose of profit, it will not be considered to constitute a crime. Only administrative penalties can be imposed on the perpetrators.

3. The circumstances of the crime require seriousness to constitute a crime. To determine whether the circumstances are serious, the starting point should be the amount of illegal business operations and income, and should be combined with whether the perpetrator has committed illegal business activities. It will be judged whether it has caused heavy losses to the country or caused other serious consequences, and whether it has not repented even after administrative punishment.

Baidu Encyclopedia--Criminal Law of the People's Republic of China

Baidu Encyclopedia--Illegal Business Crime