Legal analysis
Obtaining benefits through legal means and legal channels is permitted and advocated by law, but some people often take illegal actions in order to earn greater benefits. If the benefits obtained through illegal acts reach a certain amount, they can be sentenced. Illegal profit in criminal law generally refers to all property, including money and articles, obtained by criminals due to illegal and criminal activities. When specifically determining the amount of illegal income, it should be determined according to different situations: First, if there are clear provisions in judicial interpretation, it should be determined according to judicial interpretation. The amount of illegal income refers to the amount of profits obtained from the production and sale of fake and inferior products. The amount of illegal income refers to the amount of profit. If there is no clear stipulation in legislation and judicial interpretation, illegal income should be broadly understood, that is, it should not be limited to the amount obtained, but all illegal income including operating costs. Illegal profit refers to the act of obtaining benefits by improper means in violation of laws, regulations and agreements, which is called illegal profit. There are many kinds of illegal profits, and there are different sentencing methods according to different ways of profit. Including the crime of illegal business, smuggling, illegal land sale and so on.
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.