2, is not serious enough for criminal punishment, and impose a fine of 20 thousand yuan; If the scale of unlicensed operation is large and the social harm is serious, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed;
3. Unlicensed business practices endanger human health, have major security risks, threaten public safety, and destroy environmental resources, confiscate tools, equipment, raw materials, products (commodities) and other property specially used for unlicensed business, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.
Penalty standard for individual unlicensed operation
Self-employed unlicensed local industrial and commercial administrative departments will order unlicensed operators to stop related business activities; Seal up and detain tools, equipment, raw materials, products (commodities) and other property specially used for engaging in unlicensed business activities; The state stipulates that the maximum fine for unlicensed operation is 20,000 yuan, and the maximum fine for ordinary self-employed individuals is 5,000 yuan.
According to Article 14 of the Measures for Investigating and Banning Unlicensed Business Operations issued by the State Council, those engaged in unlicensed business operations shall be banned by the administrative department for industry and commerce according to law, and their illegal income shall be confiscated; Those who violate the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of illegal business operation, the crime of major accidents, the crime of causing accidents with dangerous goods or other crimes; If it is not serious enough for criminal punishment, it shall be fined not more than 20,000 yuan; If the scale of unlicensed operation is large and the social harm is serious, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; Unlicensed business practices are harmful to human health, have major security risks, threaten public safety and destroy environmental resources. Confiscate tools, equipment, raw materials, products (commodities) and other property specially used for unlicensed operation, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan. Where there are other provisions in laws and regulations on the punishment for operating without a license, such provisions shall prevail.
Constitutive elements of the crime of illegal business operation
1, the object of this crime is the market management order. Market management order is a stable and orderly economic state regulated by laws and regulations, and it is a necessary condition to ensure the healthy development of market economy. If this stable and orderly market order is destroyed, it will not only directly infringe on the national market management system, but also affect the healthy operation of the market economy. One of these acts should be subject to criminal sanctions. The criminal object of this crime is mainly monopoly goods, monopoly goods or other goods with restricted sales; Import and export licenses, import and export certificates of origin, business licenses and approval documents stipulated by other laws and regulations.
Objectively speaking, this is a serious violation of state regulations, illegal operation and disturbing market order. Specifically, it includes the following three behaviors:
(1) engaging in franchising, monopoly goods or other commodities whose trading 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.
(3) Other illegal business operations that seriously disrupt the market order.
3. The subject of crime is the general subject, and both individuals and units can constitute the subject of this crime.
4. Subjectively, it is intentional, that is, the actor knows that his behavior will disrupt the market order and conduct illegal business. Negligence does not constitute this crime.
legal ground
criminal law
Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, 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 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.