1. If the amount of illegal sales of fireworks and firecrackers is more than 50,000 yuan or the illegal income is more than 10,000 yuan, it is suspected of committing a crime, and illegal sales of fireworks and firecrackers are suspected of illegal business operations;
2, the amount of illegal business units in more than five hundred thousand yuan, or the amount of illegal income in more than one hundred thousand yuan should be placed on file;
3. Although it does not meet the above-mentioned amount standard, it shall be put on file if it is subject to administrative punishment for the same illegal business operation for more than two times within two years.
Reporting methods of illegal trading and transportation of fireworks and firecrackers:
1. Illegal trading and wholesale of fireworks and firecrackers shall be managed by the safety production supervision and management department of the local people's government at the county level and reported to it or the administrative department for industry and commerce;
2, illegal transportation of fireworks, the public security department ordered to stop illegal transportation activities, you can report to the public security organs. If the circumstances are serious, illegal operation and transportation of fireworks and firecrackers constitute a violation of public security management, and shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
To sum up, if the perpetrator illegally sells fireworks and firecrackers, disrupting the market order and the circumstances are serious, it may constitute the crime of illegal business operation. If the perpetrator commits this crime, he will generally be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and concurrently or exclusively 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.
Legal basis:
Criminal law of the people's Republic of China
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.