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:
1. Without permission, engaging in franchise or monopoly commodities or other commodities whose operation is restricted by laws and administrative regulations;
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, 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;
4. Other illegal business operations that seriously disrupt the market order.
The flow of criminal cases:
1, investigation and filing: the investigation organ accepts the report of the informant or the complainant, or the investigation organ finds the criminal clue by itself and files a case for investigation; Transfer for review and prosecution: after the investigation is completed, the investigation organ considers that the criminal suspect is suspected of committing a crime and files a public prosecution with the people's procuratorate, and submits the prosecution opinions with the evidence of the whole case;
2. Initiating public prosecution: After examining the cases transferred by the investigation organs, the procuratorial organs initiate public prosecution in the people's courts for cases with sufficient evidence. Cases with insufficient evidence shall be returned for supplementary investigation;
3. Trial: the people's court accepts the case prosecuted by the procuratorate, organizes the prosecution and the defense to cross-examine and debate the evidence, listens to the defendant's statement, and makes a guilty or innocent judgment based on the evidence of the whole case;
4. Execution: A guilty criminal judgment shall be handed over to the executing organ for execution after the judgment takes effect. Enforcement agencies include prisons, detention centers, community and judicial offices.
To sum up, the law has the significance of order, justice, efficiency and interests, but it symbolizes the significance of protection and hope for ordinary people. The law still defends people's legitimate rights and interests with its unique significance and majesty. Law is the last line of defense to safeguard the legitimate rights and interests of citizens, guarding people's hopes, maintaining the normal order of the whole society and providing a strong institutional guarantee for people to live and work in peace and contentment.
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) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(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.