The cases where the sentencing standards for illegal business crimes are particularly serious include:

1. An individual’s illegal business turnover exceeds 300,000 yuan, or an unit’s illegal business turnover exceeds 1 million yuan;

2. The illegal income of an individual is more than 100,000 yuan, or the illegal income of an organization is more than 300,000 yuan.

1. What are the constituent elements of the crime of illegal business?

1. Object elements: The object of the crime of illegal business is the state’s market management system that restricts the sale and purchase of goods and business licenses.

2. Objective elements: manifested in the unauthorized operation of franchises, monopoly items or other restricted items, import and export licenses, import and export certificates of origin, and other business licenses stipulated in laws and administrative regulations. license or approval documents, and engage in other illegal business activities, disrupt market order, and conduct serious acts.

3. Subject requirements: The subject of the crime of illegal business operations is a general subject, that is, any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible. Units can also become the subject of this crime.

Usually, only a normal person who is over 16 years old can commit the crime of illegal business. However, a person who is under 16 years old or a mentally ill person cannot constitute the crime of illegal business. The so-called "unit" refers to various companies, enterprises, institutions and other legal persons and organizations.

4. Subjective elements: The subjective aspect of the crime of illegal business operations is intentional and has the purpose of seeking illegal profits.

2. What is the object of the crime of illegal business operations?

1. The object of the crime of illegal business operations should be the market order. In order to ensure the restricted market for buying and selling goods and import and export goods, the state Implement a business licensing system for the above items. Among them, the import and export licensing system is an important part of the business licensing system. The purchase and sale of import and export licenses and import and export certificates of origin not only infringe on the market order, but also infringe on the foreign trade management system. According to the provisions of the Foreign Trade Law, the country implements a unified foreign trade system and promotes and develops trade relations with other countries and regions based on the principle of equality and mutual benefit. In terms of foreign trade, the People's Republic of China shall grant most-favored-nation treatment and national treatment to other contracting parties and participants in accordance with the international treaties and agreements it has concluded or participated in, or shall grant the other party most-favored-nation treatment or national treatment in accordance with the principles of reciprocity and reciprocity.

2. If any country or region adopts discriminatory prohibitions, restrictions or other similar measures against the People's Republic of China in terms of trade, the People's Republic of China may impose such measures on the basis of actual circumstances. The country or the region takes corresponding measures. In order to ensure the development of foreign trade in accordance with the above regulations, the country requires that imported and exported goods must provide a certificate of origin. Except for special circumstances stipulated by law, those who are exempt from a license must also apply for an import and export license. . Therefore, import and export certificates of origin and import and export licenses must be true and valid, and forgery and alteration are not allowed. At the same time, import and export certificates of origin and import and export licenses are used for specific import and export trades of specific importers and exporters, and no buying and selling is allowed. The buying and selling of import and export certificates of origin and import and export licenses disrupts the country's foreign trade order and must therefore be punished.

3. The state has promulgated a series of policies and regulations regarding commodity operations. If criminal suspects use illegal means to conduct illegal operations, it is an act that seriously disrupts the relevant economic order. Sentencing needs to be based on the severity of different circumstances, and it also needs to be determined based on the type of illegal business.

Legal basis: "Criminal Law of the People's Republic of China"

Article 225: The crime of illegal business operations violates national regulations and involves one of the following illegal business activities, disrupting Market order, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or solely a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years or criminal detention, and concurrently or solely a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and not less than twice the illegal income. A fine of not more than five times or property confiscation:

(1) Operating franchises, monopoly items or other restricted items as prescribed 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 in laws and administrative regulations;

(3) Illegal operations of securities, futures, Insurance business, or illegally engaging in fund payment and settlement business;

(4) Other illegal business activities that seriously disrupt market order.

"Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products" Article 3: Illegal operation of tobacco monopoly products falls under any of the following circumstances , should be deemed as a "serious circumstance" as stipulated in Article 225 of the Criminal Law:

(1) The illegal business amount is more than 50,000 yuan, or the illegal income amount is more than 20,000 yuan;

(2) Illegally dealing in more than 200,000 cigarettes;

(3) Having received administrative penalties more than twice within three years for illegally dealing in tobacco specialty products, and also illegally dealing in tobacco Specialty products with an amount of more than 30,000 yuan.

If one of the following circumstances occurs, it shall be deemed as "particularly serious" as stipulated in Article 225 of the "Criminal Law":

(1) The amount of illegal business is less than 2 More than 150,000 yuan, or the amount of illegal income is more than 100,000 yuan;

(2) Illegal business of more than one million cigarettes.

The specific sentencing of illegal business crimes is based on the actual illegal facts. Our country’s laws clearly stipulate the sentencing of criminal facts, but the above-mentioned circumstances are particularly serious. The situation requires a strict judgment, and the specific situation will be handled by the judicial authorities after investigation and evidence collection.