On March 20 10, the suspect transferred the management right of Yongda paint shop in Ma Lu Town, Jiading District, Shanghai, located at Baoan Road, Ma Lu Town, Jiading District, Shanghai, to the landlord Guo. Then, in the absence of a hazardous chemicals business license, Guo's hazardous chemicals business license, business license and bank account were used for paint business activities. During this period, he participated in safety production training, and Guo Wei provided the business license, business license, bank account number and business premises for illegally operating paint. On April 2, 20 1 1, a fire broke out due to improper safety management, which did not cause serious consequences, but caused property losses and disputes to Guo.
Jiading District People's Court sentenced Guo to eight months' imprisonment, three months' detention, four months' probation and confiscation of the paint involved.
Lease of hazardous chemicals business license and illegal transfer of business administrative license, whether in situ or in different places, are unlicensed operations. If the business amount is large and the circumstances are serious, it constitutes the crime of illegal business operation.
Leasing another person's hazardous chemicals business license to operate hazardous chemicals violates the laws and regulations of the state on market supervision and management, and is an act prohibited by the state.
The crime of illegal business operation refers to a serious act of deliberately engaging in illegal business operations and disrupting market order in violation of state regulations. Illegal business operations include: (1) operating franchised or monopolized commodities 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.
1. The act of renting a hazardous chemicals business license to operate hazardous chemicals violates state regulations.
First of all, the operation of hazardous chemicals should apply for a hazardous chemicals business license. According to Article 33 of the Regulations on the Safety Management of Hazardous Chemicals, the state implements a licensing system for the operation of hazardous chemicals. Without permission, no unit or individual may deal in dangerous chemicals.
Secondly, as an administrative license, the business license for hazardous chemicals shall not be illegally transferred. Article 9 of the Administrative Licensing Law of People's Republic of China (PRC) stipulates that an administrative license obtained according to law shall not be transferred except in accordance with legal conditions and procedures stipulated by laws and regulations. Hazardous chemicals business license is an administrative license issued by the state to qualified enterprises or individuals to engage in hazardous chemicals business activities. Shall abide by the relevant provisions of the administrative licensing law, and shall not be illegally transferred. Renting another person's business license for dangerous chemicals belongs to the administrative license of transferring another person in disguised form, which is prohibited by law.
Finally, the administrative regulations clearly stipulate that the business license for hazardous chemicals shall not be leased or lent. Violation of state regulations in China's criminal law refers to violation of laws and decisions formulated by the National People's Congress and its Standing Committee, administrative regulations formulated by the State Council, prescribed administrative measures, decisions and orders issued. In other words, judging whether it violates state regulations is based on laws and administrative regulations, not administrative regulations. However, it should be noted that administrative regulations are specific provisions of laws and administrative regulations, which embody the principles and spirit of laws and administrative regulations. When judging whether they violate state regulations, we can refer to administrative regulations. On the basis that laws and administrative regulations stipulate that any unit or individual must apply for and obtain a business license and administrative license for hazardous chemicals, and may not illegally transfer them, Article 21 of the Measures for the Administration of Business License for Hazardous Chemicals clearly stipulates that no unit or individual may forge or alter its business license, lease, lend or transfer it, or use a forged or altered business license.
2. The act of renting a business license for hazardous chemicals to operate hazardous chemicals has disrupted the normal management activities of the state on the hazardous chemicals market.
The state implements a licensing system for dangerous chemicals restricted by the state. The act of leasing a hazardous chemicals business license to operate hazardous chemicals not only violates the access system of the hazardous chemicals business market, but also disrupts the order of the hazardous chemicals business market and harms the rights and interests of consumers. Because the state has not examined the business qualifications of leasing operators, it may make unqualified enterprises and individuals enter the dangerous chemicals market and disrupt the order of the dangerous chemicals market. Moreover, the state can not effectively supervise the business behavior of leasing operators, and there is a blind spot for supervision. In the event of a safety accident, the operator's subject is unclear, which brings difficulties to investigate the legal responsibility of the operator's subject and causes loopholes in legal sanctions.
In a word, the act of leasing a hazardous chemicals business license to operate hazardous chemicals disrupts the normal management activities of the state on the hazardous chemicals market and should be regulated by law.