Criminal law of the people's Republic of China
The provisions of Article 225 refer to the crime of violating state regulations and committing one of the following illegal business operations:
(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.
Opinions on Several Issues Concerning Handling Criminal Cases of Illegal Lending
Article 1 stipulates: "Whoever, in violation of state regulations, without the approval of the regulatory authorities, or beyond the scope of business, regularly issues loans to unspecified social objects for the purpose of making profits and disrupts the order of the financial market, if the circumstances are serious, Article 225 of the Criminal Law shall apply.
The provisions of item (4) shall be convicted and punished for the crime of illegal business operation. "
Paragraph 2 of Article 1 stipulates: "The term" granting loans to unspecified social objects on a regular basis "as mentioned in the preceding paragraph refers to granting funds 10 or more times to unspecified people (including units and individuals) in the form of loans or other names within two years."
If the company conducts illegal business activities, then when punishing the relevant employees, it will look at the role played by the employees in this illegal business activities. Those who play a secondary or auxiliary role in illegal business activities shall be punished as accomplices, but the punishment shall be lighter, mitigated or even exempted, depending on the type, amount and frequency of illegal business operations of the unit. Whether it will be sentenced depends on the final judgment of the court. If employees don't know, no matter administrative punishment or criminal responsibility, they certainly don't need to bear it. Employees are advised to collect some relevant evidence to prove their ignorance. The crime of illegal business operation is not allowed in our country's laws, and illegal business operation also disturbs social order. If this happens, it will be punished according to the provisions of the crime of illegal business operation. So you must operate legally and never touch anything that doesn't belong to you, otherwise the law will not let any criminal go.
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 the market order, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also 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 the illegal income or confiscated 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.