Legal analysis

It is illegal to sell salt privately, and the salt seller must be a state-owned unit. Selling without authorization will violate the crime of illegal business operation. The subject of the crime of illegal business operation is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have criminal responsibility ability. A legally established and responsible unit can also be the subject of this crime. According to the original intention of this article, the subject of this crime refers to the operator. However, under the condition of market economy, "no one does not do business". If the subject of this crime is limited to a special subject, many acts of buying and selling goods, import and export licenses and import and export certificates of origin without any business license (non-operators) will not be punished. Therefore, the subject of this crime is the general subject. Units can also constitute the subject of this crime. Subjectively, it is intentional and has the purpose of seeking illegal interests. If the actor buys and sells the business license because he doesn't understand the laws and regulations, he should not be punished as this crime, and the competent department should investigate his administrative responsibility. Whoever illegally deals in salt of more than 20 tons but less than 30 tons shall be sentenced to criminal detention or fined. Anyone who illegally deals in 30 tons of salt shall be sentenced to 1 year imprisonment, and the term of imprisonment shall be increased by 1 year for every additional 6 tons. Those who have been subjected to administrative punishment for illegally dealing in salt and illegally dealing in salt 10 tons for more than two times shall be sentenced to fixed-term imprisonment of not more than six months, and the term of imprisonment shall be increased by six months for each additional two tons.

legal ground

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.