Legal analysis: it constitutes the crime of illegal business operation. The object of the crime of illegal business operation should be market order. In order to ensure that the market for buying and selling goods and import and export goods is restricted, the state implements a business license system for the above-mentioned goods. Among them, the import and export license system is an important part of the business license system. Buying and selling import and export licenses and import and export certificates of origin not only violates the market order, but also violates the foreign trade management system. Objectively speaking, it is characterized by operating franchise, monopoly goods or other restricted goods without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, and engaging in other illegal business activities that disrupt market order and have serious circumstances. The subject of this crime is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have the ability of criminal responsibility. A legally established and responsible unit can also be the subject of this crime. Subjectively, it is intentional and has the purpose of seeking illegal interests. If the actor buys and sells the business license because he doesn't understand the laws and regulations, he should not be punished as this crime, and the competent department should investigate his administrative responsibility.

Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business is restricted by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations; (three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order.