Legal analysis: the sale of black oil is an illegal business operation in China's criminal law. The criteria for filing this kind of behavior are: the amount of illegal business of the actor is more than 50 thousand yuan, or the amount of illegal income is more than 1 10 thousand yuan; The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than100,000 yuan. Among them, although it does not reach the corresponding amount, if the actor is subjected to administrative punishment twice or more for the same illegal act within two years, he shall be punished by criminal law.

Legal basis: The crime of illegal business operation, according to Article 225 of the Criminal Law of People's Republic of China (PRC), violates state regulations and commits one of the following illegal business operations, disrupting market order. 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 solely 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.