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Out-of-scope operation and unlicensed operation

Legal analysis: According to the relevant laws of our country, those who engage in business activities beyond the scope of business are those who engage in activities beyond the scope of administrative license. Those who do not constitute a crime shall be given administrative punishment, and those who constitute a crime shall be punished as illegal business operations.

Legal basis: Article 8 of the Administrative Licensing Law of the People's Republic of China, if a licensee commits any of the following acts, the administrative organ shall impose administrative punishment according to law, and if the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Altering, reselling, renting or lending the administrative license certificate, Or illegally transferring administrative license in other forms

(2) carrying out activities beyond the scope of administrative license

(3) concealing relevant information from the administrative organ in charge of supervision and inspection, providing false materials or refusing to provide true materials reflecting its activities

(4) other illegal acts stipulated by laws, regulations and rules.

Article 225 of the Criminal Law of the People's Republic of China, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, 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, shall be sentenced to fixed-term imprisonment of not less than five years. Impose a fine of not less than one time but not more than five times the illegal income, or confiscate the property:

(1) engage in the franchise, monopoly goods or other goods with restricted trading as stipulated by laws and administrative regulations without permission

(2) engage in the trading of import and export licenses, import and export certificates of origin and other business licenses or approval documents as stipulated by laws and administrative regulations

(3) engage in the securities, futures and insurance business illegally without the approval of the relevant state authorities, or