The amount standard for determining the crime of illegal business operation is:
1. Individuals whose illegal business amount is more than 50,000 yuan, or whose illegal income is more than 6,543.8+0,000 yuan, shall be prosecuted;
2. If the illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than 654.38+10,000 yuan, it shall be prosecuted;
3, the business amount of one hundred and fifty thousand yuan to three hundred thousand yuan; If the amount of illegal income is more than 50,000 yuan to less than 100,000 yuan, it belongs to "the circumstances are particularly serious".
Conditions for determining the crime of illegal business operation:
1, the object of infringement is the socialist market economic order. In order to ensure that the market for buying and selling commodities and import and export commodities is restricted, the state implements a business license system for the above commodities;
2. Subjectively, it is intentional and has the purpose of seeking illegal interests. For the illegal business that is known to be illegal and not for profit, it is not considered to constitute, and only the actor can be given administrative punishment;
3. Objectively, it is manifested as engaging in franchise, monopoly of commodities or other restricted commodities without permission, buying and selling import and export licenses and import and export certificates of origin, engaging in other illegal business activities, disrupting market order, and committing serious acts;
4. The subject of the crime is the general subject, and any natural person who has reached the age of 16 can constitute the crime of illegal business operation. ;
5. Only if the circumstances of the crime are serious can a crime be constituted. Whether the circumstances are serious should be determined according to the amount and income of illegal business operations, whether the actor has carried out illegal business operations, causing heavy losses to the country or other serious consequences, and whether he still refuses to repent after administrative punishment.
Legal basis:
Article 225 of the Criminal Code of People's Republic of China (PRC).
The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it 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) operating a franchise or monopoly commodity or other commodities whose operation 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;
(four) other illegal business activities that seriously disrupt the market order.