First, the concept is different

Gambling crime refers to the behavior of gathering people to gamble or gambling for the purpose of making profits. The object of this crime is the socialist social fashion. Gambling not only endangers social order, affects production, work and life, but also is often a hotbed of other crimes, which is very harmful to society and should be severely cracked down.

the crime of illegal business operation refers to the crime of illegal business operation that violates the provisions of the state and commits one of the following illegal business operations.

(1) dealing in franchise, monopoly goods or other goods whose trading is restricted without permission;

(2) buying and selling import and export licenses, import and export certificates of origin and business licenses or approval documents as stipulated by other laws and administrative regulations;

(3) illegally engaging in securities, futures or insurance business without the approval of the relevant competent department of the state;

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

II. Different sentencing

Article 33 of the Criminal Law of the People's Republic of China

Whoever gathers people to gamble or gamble for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined. Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.

1. If a natural person commits a crime, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or 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.

2. If a unit commits a crime, it shall be fined, and the person in charge directly responsible and other directly responsible personnel shall be investigated for criminal responsibility according to the provisions of this article.

Third, the identification criteria are different

1. Gambling crime

(1) Motivation and purpose of participating in gambling.

The constitution of gambling crime requires that the actor is subjectively out of direct intention and has the purpose of obtaining money. If the actor is not for profit, but only for entertainment, boredom, contact feelings, etc., gambling crime cannot be established. However, it should be noted that the perpetrator can establish this crime as long as he aims to obtain money, and whether he actually obtains money does not affect the composition of this crime.

(2) the amount of gambling involved and the number of gambling.

Some relatives, friends and neighbors occasionally win or lose in gambling, but not much; Some people often gamble together, but the amount involved is very small, and gamblers do not take gambling income as their main source of life or extravagance. This can be given administrative treatment such as public security punishment and reeducation through labor, but it should not be considered as a crime.

(3) Are the gamblers, gambler, casino owners or the general gambling crowd?

Gamblers refer to people who gather to gamble, that is, they provide casinos and gambling tools for gambling, organize and attract others to participate in gambling, and I profit from them. The gambler may or may not participate in gambling, and it may be one person or many people. Gambler is a gambling man, that is, gambling income is the main source of his life or extravagance. Such people should be investigated for criminal responsibility for gambling crimes, but the general gambling people can be criticized and educated. If the circumstances are serious, they can also be given public security punishment according to the circumstances, but they cannot be investigated for criminal responsibility.

(4) the identity of gamblers and the relationship between gamblers.

if the gamblers are all acquaintances such as relatives, friends, colleagues, neighbors and villagers, or some elderly people, it is generally not appropriate to deal with them as crimes. Unless the amount involved in gambling is very large, gambling is often held and social management order and social fashion are seriously violated.

2. The crime of illegal business operation

The criminal illegality is consistent with the administrative illegality, that is to say, illegal business operators must violate relevant industrial and commercial laws and regulations, and there is no criminal illegality without administrative illegality.

subjectively, it is required that the actor must be intentional and for the purpose of making profits. Those who engage in illegal business without knowing that it is illegal and not for the purpose of making profits are not considered as constituting, but can only be given administrative punishment.

Only if the circumstances of a crime are serious are required to constitute a crime, and whether the circumstances are serious should be determined from the amount of illegal business operations and income, and whether the perpetrator has carried out illegal business operations, caused great losses to the country or caused other serious consequences, and whether he still refuses to repent after administrative punishment.