The filing standard of the crime of illegally operating refined oil products is 1, and the amount of individual illegal operation is more than 50,000 yuan or the illegal income is more than 1 10,000 yuan; 2. The illegal business amount of the unit is more than 500,000 yuan or the illegal income is more than 654.38+10,000 yuan; 3, although not up to the above amount standard, but within two years due to the same kind of illegal business behavior by administrative punishment for more than two times and the implementation of the same kind of illegal business behavior.

I. Elements of the crime of illegal business operation:

1, the object of infringement is market order;

2. Subjectively, it is intentional and has the purpose of seeking illegal interests;

3. Objectively, it is the act of dealing in franchise, monopoly goods or other restricted goods and buying and selling import and export licenses without permission;

Second, how to identify the crime of illegal business:

1, criminal violations are consistent with administrative violations, that is to say, 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. For those who knowingly engage in illegal business for the purpose of making profits, it is not considered to constitute an administrative punishment;

3. In terms of the circumstances of a crime, it is required that the circumstances are serious to constitute a crime. Whether the circumstances are serious should be judged from the amount and income of illegal business operations, whether the actor has carried out illegal business activities, causing heavy losses to the country or other serious consequences, and whether he still refuses to repent after administrative punishment;

Legal basis: 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 market order, and if the circumstances are serious, 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 his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business 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.