Legal analysis
According to the relevant laws and regulations, to buy a second-hand motorcycle, you must first see the purchase invoice of the other vehicle. If the vehicle has a license plate, ask for the vehicle exercise license insurance, and check whether the exercise license is inspected annually, and whether the engine number and frame number of the vehicle on the exercise license are consistent with the vehicle. Conditional, to transfer formalities as soon as possible. If the transfer cannot be made, both parties should sign a sales agreement to ensure the interests of both parties. If the second-hand motorcycle comes from an improper source, it may violate the law and commit crimes, and it needs to bear criminal responsibility. The behavior of dealers will be regarded as illegal business activities that seriously disrupt the market order and will be severely punished. Used cars are bought in used car markets, motorcycle repair departments and other places all over the country. The price depends on the vehicle model, appearance and maintenance. The specific term of imprisonment needs to be determined by comprehensively considering the amount involved, criminal motive, subjective malignancy, recidivism, surrender, meritorious service, lighter or mitigated circumstances, and the attitude of the parties to plead guilty. Second-hand motorcycle transactions, whether through the platform, the second-hand trading market, or between individuals, can require sellers to specify the real situation of the second-hand motorcycles they sell in the contract.
legal ground
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.