legal analysis
the object of the crime of illegal business operation should be the market order. in order to ensure that the market of goods for sale and import and export is restricted, the state implements the business license system for the above-mentioned goods. Objectively speaking, it is manifested as engaging in 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 approval documents stipulated by other laws and administrative regulations, and engaging in other illegal business activities, disrupting market order and serious acts. The subject of the crime of illegal business operation is the general subject, that is to say, all natural persons who have reached the age of criminal responsibility and have criminal responsibility ability can constitute this crime. The most important thing that constitutes a crime is the subjective consciousness of the actor. The subjective aspect that constitutes this crime is intentional and has the purpose of seeking illegal profits. That is to say, if the actor does not seek illegal profits for the purpose, but buys and sells business licenses because he does not understand laws and regulations, then he should not be punished for the crime of illegal business operation, and should be investigated for administrative responsibility by the competent department.
Legal basis
Article 225 of the Criminal Law of the People's Republic of China violates state regulations and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, he 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 the illegal income or confiscated of his property: (1) dealing in franchise, monopoly goods or other goods whose trading is restricted as stipulated by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and business licenses or approval documents as stipulated by other laws and administrative regulations; (3) illegally engaging in securities, futures and insurance business without the approval of the relevant competent department of the state, or illegally engaging in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order.