What is the standard for determining the crime of illegal business operation?
The crime of illegal business operation is identified as follows:
1, the subject of the crime of illegal business operation is the general subject;
2. Subjectively, it is intentional and has the purpose of illegal profit;
3. The object of infringement is market order;
4. Objectively, there are behaviors such as franchising, franchised commodities or other restricted commodities, and buying and selling import and export licenses without permission.
Legal basis: Article 225 of the Criminal Law 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.