According to Article 225 of the Criminal Law of People's Republic of China (PRC), the crime of illegal business operation refers to one of the following illegal business operations in violation of state regulations.
(a) without permission, dealing in franchise, monopoly goods or other commodities with restricted trading as stipulated by laws and administrative regulations;
(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 settlement business;
(four) engaged in other illegal business activities, disrupting the market order, and the circumstances are serious.
Extended data:
Other illegal business practices that seriously disrupt the order of the market economy.
(1) Illegal trading of foreign exchange.
(2) illegally operating publications.
(3) illegally operating telecommunications services.
④ Adding clenbuterol hydrochloride and other items that are forbidden to be used in feed and animal drinking water into the feed produced and sold.
(five) unauthorized establishment of Internet service business premises (that is, Internet cafes) or engaging in Internet service business activities.
⑥ Illegal lottery operation.
subject of crime
The subject of this crime is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have the ability of criminal responsibility. A legally established and responsible unit can also be the subject of this crime.
According to the original intention of this article, the subject of this crime refers to the operator. However, under the condition of market economy, "no one does not do business". If the subject of this crime is limited to a special subject, many acts of buying and selling goods, import and export licenses and import and export certificates of origin without any business license (non-operators) will not be punished. Therefore, the subject of this crime is the general subject. Units can also constitute the subject of this crime.
Subjective aspect
Subjectively, it is intentional and has the purpose of seeking illegal interests. If the actor buys and sells the business license because he doesn't understand the laws and regulations, he should not be punished as this crime, and the competent department should investigate his administrative responsibility.
think
1. Criminal violations are consistent with administrative violations, that is, illegal operators must violate relevant industrial and commercial laws and regulations, and there is no criminal violation without administrative violations.
2. Subjectively, the actor must be intentional and take profit as the purpose. Those who engage in illegal business knowing that it is illegal and not for profit are not considered to constitute, and only administrative punishment can be given to the perpetrator.
3. Only if the circumstances of the crime are serious can it constitute a crime, and whether the circumstances are serious should be determined from the amount and income of illegal business operations, whether the actor has carried out illegal business operations, causing great losses to the country or other serious consequences, and whether he still refuses to repent after administrative punishment.
Baidu Encyclopedia-China People and China Criminal Law
Baidu Encyclopedia-Crime of Illegal Business Operation