Legal analysis
Operating in public places without a license will constitute the crime of illegal business operation. The object of the crime of illegal business operation should be market order. Objectively speaking, it is characterized by operating 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 other approval documents stipulated by laws and administrative regulations, and engaging in other illegal business activities that disrupt market order and have serious circumstances. Without permission, it mainly deals in franchised and monopolized commodities or other commodities whose trading is restricted by laws and administrative regulations. In order to ensure the normal order of the market, China restricts some materials related to the national economy and people's livelihood, people's life, health and safety and public interests. After approval and obtaining a business license, they can engage in business activities such as acquisition, storage, transportation, processing, wholesale and sales. It is illegal to operate without approval. The so-called restricted commodities refer to commodities that are not allowed to be bought and sold freely in the market according to regulations, such as important means of production and consumer goods that are not allowed to be bought and sold freely according to state regulations, and commodities operated by specialized units designated by the state, such as tobacco monopoly products, foreign exchange, gold and silver and their products, gold and silver handicrafts, jewelry and precious medicinal materials.
legal ground
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; (four) other illegal business activities that seriously disrupt the market order.