Legal analysis
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. Objectively, it is manifested as engaging in franchise, monopoly of 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, engaging in other illegal business activities, disrupting market order, and serious acts. The subject of the crime of illegal business operation is the general subject, that is to say, any natural person who reaches the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. The most important thing that constitutes a crime is the subjective consciousness of the actor. The subjective aspect of this crime is intentional and has the purpose of seeking illegal interests. That is to say, if the actor buys and sells business licenses because he doesn't understand laws and regulations, he should not be punished for the crime of illegal business operation, but should be investigated for administrative responsibility by the competent department.
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.