1, in violation of state regulations, 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 shall also be fined not less than five times the illegal income of 1;
2. If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of more than five years, and shall also be fined more than five times the illegal income 1 or confiscated;
3. If a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions.
What are the constitutive elements of the crime of illegal business operation?
1, the subject is a general subject, which can be composed of individuals and units;
2, the subjective aspect is intentional, that is, knowing that its behavior constitutes the crime of illegal operation, it is still implemented, except for negligence;
3. The object of infringement is the market management order;
4. Objectively speaking, it is a serious violation of state regulations, illegal business operation and disturbing market order.
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.