In the real society, some people will engage in illegal business activities, which may constitute the crime of illegal business operations. The crime of illegal business operation is a crime expressly stipulated in the criminal law. Many people may be a little unfamiliar with it, but people engaged in business activities should still know something about it, and business operations must abide by the law. 1. The criterion for determining the crime of particularly serious illegal business operation is "particularly serious" in any of the following circumstances: 1, the amount of illegal business operation by individuals is more than 300,000 yuan, or the amount of illegal business operation by units is more than 1 10,000 yuan; 2, the illegal income of individuals is more than 654.38+10,000 yuan, or the illegal income of units is more than 300,000 yuan. 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/kloc-0 but not more than 5 times the illegal income, or his property shall be confiscated. If a unit commits the crime of illegal business operation, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions. Second, the jurisdiction of the crime of illegal business how to stipulate that the crime of illegal business is not a case of private prosecution, according to the principle of territoriality, so the jurisdiction should be exercised by the public security organ where the crime occurred. Determination of the crime of illegal business operation: 1. Criminal violations are consistent with administrative violations, that is, illegal operators must violate relevant industrial and commercial laws and regulations, and there is no criminal violation without administrative violations. 2. Subjectively, the actor must be intentional and take profit as the purpose. Those who engage in illegal business knowing that it is illegal and not for profit are not considered to constitute, and only administrative punishment can be given to the perpetrator. 3. Only if the circumstances of the crime are serious can it constitute a crime, and whether the circumstances are serious should be determined from the amount and income of illegal business operations, whether the actor has carried out illegal business operations, causing great losses to the country or other serious consequences, and whether he still refuses to repent after administrative punishment. Three. What is the subject of the crime of illegal business operation? 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. According to this article, the subject of this crime refers to the business operator. However, under the condition of market economy, "no one does not do business". If the subject of this crime is limited to a special subject, many acts of buying and selling goods, import and export licenses and import and export certificates of origin without any business license (non-operators) will not be punished. Therefore, the subject of this crime is the general subject.

Legal objectivity:

Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and 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 his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business 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.