Black cars are very common in real life, because all kinds of disputes caused by black cars are endless, but there are still many people who choose to take black cars for various reasons. Although the country is also cracking down on driving black cars, this phenomenon still exists. Case introduction: Since 20 15 and 12, Zhang Moucheng has been driving AMA405 Wuling light van to engage in illegal business activities without the approval of government departments. The basic operation areas are Songbei District and Hulan District, and the operation amount per trip is 70.00 yuan. The illegal operation time of Zhang Moucheng is 15 months, and the business volume of soliciting passengers per train is 70.00 yuan, of which the average monthly business volume of soliciting passengers from May to July in 20 17 years is about 13 trains/month. After calculation, the amount of illegal income of the defendant Zhang Moucheng from illegal business activities was RMB 13650.00 yuan. Finally, the court found Zhang guilty of illegal business operation and fined him RMB 65,438+03,650.00. Case analysis: Illegal operation of "black cars" should be classified as Item (4) of Article 224 of the Criminal Law of People's Republic of China (PRC), which belongs to "other illegal business operations that seriously disrupt the market order". According to Article 224 of the Criminal Law of People's Republic of China (PRC) (revised for the ninth time on 20 15), anyone who commits any of the following illegal business operations in violation of state regulations 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 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. However, it does not mean that driving a black car will definitely constitute the crime of illegal business operation, but that driving a black car may constitute the crime of illegal business operation, but whether it constitutes the crime of illegal business operation in a case needs to be judged according to the specific circumstances of the case. The law stipulates that Article 225 of the Criminal Law, in violation of state regulations, commits one of the following illegal business operations, disrupting the market order, and 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 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. Although the actor in the above case was finally found guilty of illegal business operation, it does not mean that driving a black car will definitely constitute the crime of illegal business operation, but whether it constitutes the crime of illegal business operation or not, driving a black car is illegal and should bear corresponding legal responsibilities.

Legal objectivity:

Article 225 of the Criminal Law 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 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 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.