The criminal filing standard for illegally operating fireworks and firecrackers is that, without the permission of the relevant administrative department, the amount of illegal operation of fireworks and firecrackers and personal illegal operation is more than 50,000 yuan, or the amount of illegal income is more than 6,543,800 yuan; If the amount of illegal business operation of a unit is more than 500,000 yuan, or the amount of illegal income is more than 654.38+10,000 yuan, it shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law, and the perpetrator shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income. For those who produce and operate fireworks and firecrackers without permission, or sell black powder, pyrotechnics and fuses to units or individuals that have not obtained the safety production license for fireworks and firecrackers, the safety production supervision and management department shall order them to stop illegal production and operation activities, impose a fine of not less than 20,000 yuan but not more than 6,543,800 yuan, and confiscate the illegal production and operation items and illegal income. For those who transport fireworks and firecrackers by road without permission, the public security department shall order them to stop illegal transportation activities, impose a fine of 1000 yuan to 50000 yuan, and confiscate the illegally transported articles and illegal income. Illegal production, operation and transportation of fireworks and firecrackers, which constitutes a violation of public security management, shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

legal ground

Article 225 of the Criminal Law, 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.

Article 36 of the Regulations on the Safety Management of Fireworks and Firecrackers stipulates that units and individuals that have not obtained the safety production license for fireworks and firecrackers produce and sell fireworks and firecrackers without authorization, or sell black powder, pyrotechnics and fuses to units and individuals that have not obtained the safety production license for fireworks and firecrackers, the safety production supervision and management department shall order them to stop their illegal production and business activities, and impose a fine of more than 20,000 yuan but less than 65,438+10,000 yuan, and confiscate the illegal production and business items and illegal income. If fireworks and firecrackers are transported by road without permission, the public security department shall order them to stop illegal transportation activities, impose a fine of 6,543,800 yuan and 50,000 yuan, and confiscate the illegally transported articles and illegal income. Illegal production, operation and transportation of fireworks and firecrackers, which constitutes a violation of public security management, shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.