The judicial interpretation of the crime of illegal business operations is as follows:

1. Operating franchises, monopoly items or other restricted items stipulated in administrative regulations without permission;

< p>2. Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated in administrative regulations;

3. Illegal securities operations without the approval of the relevant national competent authorities. Futures and insurance business, or illegally engaging in fund payment and settlement business;

4. Other illegal business activities that seriously disrupt market order.

1. Sentencing Standards for the Crime of Illegal Business

1. A natural person who commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined concurrently or solely to a fine of not less than one and five times the illegal income. If the circumstances are serious, the offender 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.

2. If a unit commits this crime, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be held criminally responsible in accordance with the provisions of this article.

2. What are the filing standards for the crime of illegal business?

The crime of illegal business refers to the operation of franchises, monopoly items or other restricted items without permission, and the import and export license is required. certificates, import and export certificates of origin, and other business licenses or approval documents stipulated in laws and administrative regulations, as well as other illegal business activities, disrupting market order, and serious acts.

According to the relevant provisions of the Supreme People's Procuratorate and the Ministry of Public Security's "Provisions on the Prosecution Standards for Economic Crime Cases", illegal business cases that meet one of the following circumstances shall be prosecuted:

1. Violate national regulations by leasing international dedicated lines, setting up private switching equipment or other methods to operate international telecommunications business or Hong Kong, Macao and Taiwan-related telecommunications business for profit without authorization. Anyone suspected of one of the following circumstances shall be prosecuted: (1) Operating outbound calls The amount of business is more than 1 million yuan; (2) The amount of telecommunications tariff losses caused by operating incoming call business is more than 1 million yuan; (3) Although the amount does not meet the above-mentioned amount standards, he has been subject to administrative punishment for illegally operating international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan. Punished more than twice and engaged in illegal business activities.

2. Anyone who engages in illegal foreign exchange operations and is suspected of one of the following circumstances shall be prosecuted: (1) Buying and selling foreign exchange outside designated foreign exchange banks and the China Foreign Exchange Trading Center and its branches, with an amount exceeding US$200,000. or the amount of illegal income exceeds RMB 50,000; (2) Companies, enterprises or other units violate relevant foreign trade agency business regulations, use illegal means, or knowingly use forged or altered vouchers or commercial documents to defraud designated foreign exchange banks for others. The amount of foreign exchange purchased is more than 5 million U.S. dollars, or the amount of illegal income is more than 500,000 yuan; (3) The amount of foreign exchange purchased through intermediary fraud is more than 1 million U.S. dollars, or the amount of illegal income is more than 100,000 yuan.

3. Anyone who publishes, prints, reproduces or distributes illegal publications in violation of national regulations and is suspected of any of the following circumstances shall be prosecuted: (1) If an individual’s illegal business amount is more than 50,000 yuan, the unit’s illegal business The amount is more than 150,000 yuan; (2) The amount of illegal income for an individual is more than 20,000 yuan, and the amount of illegal income for an organization is more than 50,000 yuan; (3) An individual illegally operates 5,000 newspapers or 5,000 periodicals or 2,000 books or audio-visual products, If there are more than 500 electronic publications (boxes), the unit illegally operates 15,000 newspapers or 15,000 periodicals or 5,000 books or more than 1,500 audio-visual products or electronic publications.

4. Anyone who illegally operates securities, futures or insurance business without the approval of the relevant national competent authorities, and the amount of illegal business is more than 300,000 yuan, or the amount of illegal income is more than 50,000 yuan, shall be prosecuted.

5. If an individual or unit engages in other illegal business activities and is suspected of one of the following circumstances, he shall be prosecuted: (1) The amount of the individual’s illegal business is more than 50,000 yuan, or the amount of illegal income is more than 10,000 yuan. ;⑵ The amount of illegal business operations of the unit is more than 500,000 yuan, or the amount of illegal income is more than 100,000 yuan.

When judging whether illegal business activities constitute a crime, it must be judged in conjunction with the filing standards for this crime in the law. At this time, there are different requirements for the illegal business items, and naturally there are some requirements for filing standards. difference. The correspondence is reflected in sentencing. In fact, because the specific crime circumstances and amounts are different, the punishment for the perpetrators is also different.

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Legal basis:

"Criminal Law of the People's Republic of China"

Article 225?

Whoever violates state regulations and commits any of the following illegal business activities and disrupts market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, concurrently or separately. A fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, the person 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 have property confiscated:

(1) Without permission Dealing in special items, monopoly items or other restricted items as stipulated in laws and administrative regulations;

(2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses stipulated in laws and administrative regulations Certificate or approval document;

(3) Illegal operations of securities, futures, and insurance business without approval from the relevant national competent authorities, or illegal fund payment and settlement business;

( 4) Other illegal business activities that seriously disrupt market order.