1, the amount of individual illegal business operation reaches 50,000 yuan, or the amount of illegal income reaches 1 10,000 yuan;

2. The illegal business operation amount of the unit reaches 500,000 yuan, or the illegal income amount reaches 654.38+10,000 yuan;

3. Being subject to more than two administrative punishments for illegally operating tobacco products, amounting to 20,000 yuan.

The constitutive elements of the crime of illegal business operation are as follows:

1, the object of infringement is market order;

2. Subjectively, it is intentional and has the purpose of seeking illegal interests;

3. Objectively, it is the act of dealing in franchise, monopoly goods or other restricted goods and buying and selling import and export licenses without permission;

4. The subject is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have the ability of criminal responsibility.

The criteria for filing the crime of illegal business operation are as follows:

1, the amount of salt illegally handled is more than 20 tons;

2. Having been given administrative punishment for illegal salt business for more than two times, and the amount of illegal salt business is more than ten tons;

3, the amount of illegal business is more than fifty thousand yuan, or the amount of illegal income is more than twenty thousand yuan;

4. Illegally handling more than 200,000 cigarettes.

Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC).

The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it 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 for illegal gains or confiscation of property:

(a) operating a franchise or monopoly commodity or other commodities whose operation 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.