1. What is the sentencing standard for an accessory to the crime of illegal business operation?

Those who constitute the crime of illegal business operations 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. An accessory shall be given a lighter, mitigated or exempted punishment according to the above standards.

The crime of illegal business operation refers to the criminal act of operating certain franchised commodities or articles restricted by state laws without permission, buying and selling business licenses or engaging in other illegal business activities, with the aim of cracking down on market order. To constitute the crime of illegal business operation, we must not only meet the above-mentioned acts, but also meet the standards of circumstances. Specifically, the conviction standards corresponding to various specific acts are different.

Second, what is the constitution of the crime of illegal business operation?

1, criminal object

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. Among them, the import and export license system is an important part of the business license system. Buying and selling import and export licenses and import and export certificates of origin not only violates the market order, but also violates the foreign trade management system.

2, the objective aspect

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.

An accessory to the crime of illegal business operation may be given a lighter or mitigated punishment. The object of this crime is the market management order. The subject of crime belongs to the general subject, which can be a unit or a natural person. Subjectively, there is intentional criminal behavior, with the purpose of illegally obtaining benefits. The crime of illegal business operation is a criminal offence, and the perpetrator needs to be investigated for criminal responsibility.