Whether the crime of illegal business operations or illegal appropriation of other people’s property is more serious should be analyzed based on the specific situation.

The crime of illegal business refers to operating franchises, monopoly items or other restricted items without permission, buying and selling import and export licenses, import and export certificates of origin, and other business licenses stipulated in laws and administrative regulations. Or approve documents, and engage in other illegal business activities, disrupt market order, and conduct serious acts.

In the notice issued by the Supreme People's Procuratorate and the Ministry of Public Security on the issuance of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Agencies (II)" implemented on May 7, 2010, Article 79 stipulates:

1. The illegal business amount of an individual is more than 50,000 yuan, and the illegal business amount of an unit is more than 150,000 yuan;

2. An individual The amount of illegal income is more than 20,000 yuan, and the amount of illegal income of the unit is more than 50,000 yuan;

3. An individual illegally operates 5,000 newspapers or 5,000 periodicals or 2,000 books or audio-visual products , more than 500 pieces (boxes) of electronic publications

4. Although it does not meet the above amount standard, but one of the following circumstances exists:

(1) Due to publication, Anyone who has received administrative penalties for printing, copying or distributing illegal publications twice or more, and then publishes, prints, copies or distributes illegal publications;

(2) For publishing, printing, copying or distributing illegal publications Causing adverse social impact or other serious consequences.

1. The illegal business amount of an individual is more than 150,000 yuan, and the illegal business amount of an unit is more than 500,000 yuan;

2. The amount of illegal income of an individual is more than 50,000 yuan Above, the amount of illegal income of the unit is more than 150,000 yuan;

3. An individual illegally operates 15,000 newspapers, 15,000 periodicals, 5,000 books, or audio-visual products, electronic products, For publications of more than 1,500 sheets (boxes),

4. Although the amount does not meet the above standards,

Regulations

① Criminal Law:

If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and a fine of not less than one time but not more than five times the illegal income, or his property shall be confiscated:

(1) Unauthorized operation as stipulated in laws and administrative regulations Specializing in, monopolizing items or other items with restricted sales;

(2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated in laws and administrative regulations;

(3) Illegal operations of securities, futures, and insurance businesses without the approval of relevant national competent authorities, or illegal fund payment and settlement business;

(4) Other serious disruptions Illegal business practices in the market order. [2]

② "Decision of the Standing Committee of the National People's Congress on Punishing the Crimes of Fraudulent Purchase of Foreign Exchange, Evasion of Foreign Exchange and Illegal Purchase and Sale of Foreign Exchange"

4. Illegal trading outside the trading venues prescribed by the state Foreign exchange, disrupting market order, and the circumstances are serious, shall be convicted and punished in accordance with the provisions of Article 225 of the Criminal Law.

If a unit commits the crime in the preceding paragraph, it shall be punished in accordance with the provisions of Article 231 of the Criminal Law.

A type of property infringement crime refers to the illegal possession of property, forgotten objects or buried objects entrusted to oneself by others for the purpose of illegal possession. The amount is relatively large and the person refuses to return it. behavior. The current standard is referred to as the crime of embezzlement.

Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined.