Constitutive 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;
4. The subject is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have the ability of criminal responsibility.
1. What is the term of imprisonment for the crime of illegal business operation?
1. The sentencing standards for the crime of illegal business operation are as follows:
(1), if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention;
(2) If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
Second, how to identify the crime of illegal business operation
1, the criminal illegality of this crime is consistent with its administrative illegality, that is to say, illegal operators must violate relevant industrial and commercial laws and regulations, and there is no criminal illegality without administrative illegality. Under the condition that China's current administrative and economic laws and regulations are not perfect, it is necessary to deeply understand the spirit of national policies when investigating whether a paste behavior violates state regulations, and guide it to develop in a direction beneficial to society when it is neither suitable for promotion nor urgent to ban it.
2. Subjectively, this crime requires that the perpetrator must be intentional. Those who engage in illegal business because they are unaware of the violation of the law are not considered to constitute this crime, and can only be given administrative punishment.
3. This crime only constitutes a crime if the circumstances of the crime are serious, and whether the circumstances are serious should be determined from the amount and income of illegal business, whether the actor has carried out illegal business activities, whether it has caused great losses to the country or caused 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) stipulates that the crime of illegal business operation, that is, in violation of state regulations, commits one of the following illegal business operations, disrupting 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 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 his property shall be confiscated: he engages in franchise, monopoly goods or other commodities whose business is restricted by laws and administrative regulations without permission; 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; Illegal operation of securities, futures and insurance business, or illegal operation of fund payment and settlement business without the approval of the relevant competent departments of the state; Other illegal business practices that seriously disrupt market order.