1, the amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is more than 1 10,000 yuan;
2. The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than100,000 yuan;
3, although not up to the above amount standard, but within two years due to the same kind of illegal business behavior by administrative punishment for more than two times and the implementation of the same kind of illegal business behavior.
The sentencing standards for the crime of illegal business operation are as follows:
1. 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:
(1) Operating franchised or monopolized commodities or other commodities whose operation 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.
2. 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 the illegal income, or his property shall be confiscated.
Legal basis: Article 165 of the Criminal Law of People's Republic of China (PRC).
Crime of illegally operating similar businesses Directors and managers of state-owned companies and enterprises who, by taking advantage of their positions, seek illegal benefits for themselves or others by operating similar businesses of the companies and enterprises where they work, if the amount is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.