The operation of crude oil and refined oil needs to obtain corresponding administrative license, and the operation of refined oil without a license will constitute the crime of illegal operation if the circumstances are serious.
The crime of illegal business operation refers to one of the following illegal business operations in violation of state regulations. Whoever disturbs 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. Without permission, engage in franchised or monopolized commodities or other commodities with restricted transactions as stipulated by laws and administrative regulations.
Does illegal business operation necessarily constitute a crime?
Illegal business operation may constitute the crime of illegal business operation, which belongs to the crime of circumstances. Illegal business operations must be "serious" to constitute a crime. If it is only illegal business, and the circumstances are not serious, it does not constitute a crime. "The circumstances are particularly serious" is an aggravating circumstance. Generally speaking, the basic plot of "serious circumstances" should be that the amount of illegal income is large or huge; The basic plot of "especially serious circumstances" should be that the amount of illegal income is extremely huge and should be considered in combination with other circumstances.
Legal basis:
Criminal law of the people's Republic of China
Article 225
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.