legal analysis
the crime of illegal business operation refers to the crime of violating state regulations and committing one of the listed illegal business operations, which disrupts the market order. Among them, violation of state regulations refers to violation of relevant laws and administrative regulations of the state. The three acts listed in this article are: dealing in franchise, monopoly goods or other goods whose trading is restricted as stipulated by laws and administrative regulations without permission. Among them, "without permission" means without the approval of the relevant competent departments of the state; The articles that are franchised or monopolized as stipulated by laws and administrative regulations refer to the articles that are specifically stipulated by laws and administrative regulations and operated by specialized institutions. Such as salt, tobacco, etc.; "Other goods whose trading is restricted" refers to the goods that the state stipulates to be restricted for a certain period of time according to the needs of economic development and safeguarding the interests of the state, society and the people. Such as chemical fertilizers and pesticides. The scope of goods that are exclusively sold and restricted in trading is not fixed. With the development of socialist market economy, the provisions of laws and administrative regulations may change. Buying and selling import and export licenses, import and export certificates of origin, and business licenses or approval documents stipulated by other laws and administrative regulations. Among them, the import and export license is a document issued by the competent foreign trade department of the state to confirm the qualification of enterprises to engage in import and export business. "Certificate of origin for import and export" refers to the certification document issued by the relevant authorities of origin that is required by law when engaging in import and export business activities and must be attached when importing and exporting products.
Legal basis
Article 225 of the Criminal Law of the People's Republic of China violates state regulations and 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, 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 the illegal income or confiscated of his property: (1) dealing in franchise, monopoly goods or other goods whose trading is restricted as stipulated by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and business licenses or approval documents as stipulated by other laws and administrative regulations; (3) illegally engaging in securities, futures and insurance business without the approval of the relevant competent department of the state, or illegally engaging in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order.