Current location - Trademark Inquiry Complete Network - Futures platform - Criminal Procedure Law of the People's Republic of China
Criminal Procedure Law of the People's Republic of China
First of all, the criminal procedure law you mentioned is a virtual law. No prosecution. This crime should belong to the criminal law. According to the provisions of Article 225 of the Criminal Law, the crime of illegal business operation refers to a serious act in which a natural person or unit intentionally engages in illegal business operations and disrupts the market order. Deliberately engaging in illegal business activities is the basic composition of the crime of illegal business operations. Article 225 of the Criminal Law clearly defines what is an "illegal business activity", that is, (1) engaging in the monopoly of commodities or other commodities whose trading 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; (3) Other illegal business operations that seriously disrupt the market order.

1997 after the promulgation of the criminal law, the National People's Congress Standing Committee (NPCSC) promulgated a series of legislative interpretations or amendments to the criminal law, and the Supreme People's Court and the Supreme People's Procuratorate also promulgated relevant judicial interpretations, which further supplemented Article 225 of the Criminal Law and further enumerated "illegal business activities", mainly including:

1. the National People's Congress Standing Committee (NPCSC)'s Decision on Punishing Crimes of Fraudulent Purchase of Foreign Exchange, Evasion of Foreign Exchange and Illegal Trading of Foreign Exchange and the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Fraudulent Purchase of Foreign Exchange and Illegal Trading of Foreign Exchange, those who illegally buy and sell foreign exchange outside the trading places stipulated by the state and disrupt the market order shall be punished as illegal business operations;

2. The Criminal Law Amendment of People's Republic of China (PRC) (199965438+February 25th) also treats the illegal operation of securities, futures or insurance business without the approval of the relevant state authorities as the crime of illegal operation;

3. "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Publications", for publishing, printing, copying and distributing illegal publications that seriously endanger social order and disrupt the market in violation of state regulations, if the circumstances are serious, they shall be punished as illegal business operations;

4. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production, Sale and Use of Forage and Prohibited Drugs in Animal Drinking Water. Illegal production and sale of prohibited drugs in feed and animal drinking water, disrupting the order of the drug market, if the circumstances are serious, shall be punished as the crime of illegal business;

5. Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disrupting the Order of the Telecommunication Market, which deals with unauthorized illegal operation of international telecommunication services or profit-making activities involving telecommunication services in Hong Kong, Macao and Taiwan, disrupting the order of the telecommunication market;

6. "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Forest Resources" Forging, altering, buying or selling forest cutting licenses, timber transportation documents, forest trees, forest land ownership certificates, forest land audit consent, forest cultivation funds and other forestry documents approved by other state organs constitutes a crime, and shall be convicted and punished for the crime of forging, altering, buying or selling official documents and certificates of state organs; However, if buying and selling import and export licenses and other business licenses also constitutes a crime of illegal business operation, they shall be convicted and punished in accordance with the provisions of heavier punishment;

7. Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Wild Animal Resources; Whoever forges, alters or buys or sells official documents and certificates such as wildlife import and export licenses, special hunting and catching licenses, hunting license, domestication and breeding licenses issued by state organs, which constitutes a crime, shall be convicted and punished for the crime of forging, altering or buying and selling official documents and certificates of state organs; However, if the above acts constitute crimes or illegal business operations, they shall be convicted and punished in accordance with the provisions of heavier punishment.

8. Reply of the Supreme People's Court on How to Identify the Nature of MLM or disguised pyramid selling. Whoever engages in pyramid selling or disguised pyramid selling activities and disrupts the market order, if the circumstances are serious, shall be punished as illegal business operation;

9. The Reply of the Supreme People's Procuratorate on the Legal Issues Applicable to the Illegal Operation of International or Hong Kong, Macao and Taiwan Telecom Services, which conducts profit-making activities by operating international or Hong Kong, Macao and Taiwan telecom services without approval, or disrupts the management order of the telecom market, shall be punished as the crime of illegal operation;

10. the Supreme People's Procuratorate's explanation on some issues concerning the specific application of law in handling criminal cases of illegal salt business. Whoever, in violation of the relevant provisions of the state on the management of salt industry, illegally produces, stores, transports and sells salt and disturbs the market order, if the circumstances are serious, shall be punished as the crime of illegally operating salt;

1 1. "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases that Hinder the Outbreak of Infectious Diseases" Article 6 During the prevention and control of disasters such as the outbreak of infectious diseases, whoever, in violation of the relevant provisions of the state on market operation and price management, drives up prices and profiteers, seriously disrupts the market order, and the amount of illegal gains is relatively large or there are other serious circumstances, shall be subject to the provisions of Article 225 of the Criminal Law.

12 "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Gambling Criminal Cases" Article 6 Where lottery tickets are issued or sold without the approval of the state, which constitutes a crime, they shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Item (4) of Article 225 of the Criminal Law.