If it is illegal without approval, it is not illegal.
Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, 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 for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(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.
Second, how to measure the penalty for the crime of illegal business operation.
(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 also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are 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 for illegal gains or confiscation of property.
(1) If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of this Article.
(A) the object of the crime of illegal business operation is the market order. In order to ensure the market of commodities with restricted sales and import and export, the state implements a business license system for the above commodities. The objective aspect of the crime of illegal business operation is that, without permission, it engages in franchised, monopolized or other restricted goods, buys and sells import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, and engages in other illegal business operations that disrupt market order and have serious circumstances. 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. The subjective aspect of the crime of illegal business operation is that illegal business operation is intentional and has the purpose of seeking illegal interests.
3. What are the conditions that constitute the crime of illegal business operation?
The object of crime
The object of the crime of illegal business operation should be market order. In order to ensure that the market for buying and selling goods and import and export goods is restricted, the state implements a business license system for the above-mentioned goods.
(2) objective aspects
Objectively speaking, it is characterized by operating franchise, monopoly goods or other restricted goods without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, and engaging in other illegal business activities that disrupt market order and have serious circumstances.
(3) Subject of crime
The subject of this crime is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have the ability of criminal responsibility. A legally established and responsible unit can also be the subject of this crime.
(4) Subjective aspects
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.
The above is a detailed introduction about whether selling coal is illegal or not. To sum up, I remind you that illegal business operations are not only harmful to the country's economic development, but also harmful to consumers. Therefore, when we do business, we must operate reasonably in accordance with the provisions of the law, so that we will not be sanctioned by the law.