According to the relevant laws and regulations, the filing standards of the crime of illegally operating liquefied gas mainly include the business subject, business behavior and business amount.
I. Commercial entities
The business subject of the crime of illegally operating liquefied gas is usually a unit or individual who has not obtained relevant business qualifications. These subjects engage in the storage, filling, transportation and sale of liquefied gas without permission, which seriously disrupts the market order and threatens public safety.
Second, business behavior
The business activities of the crime of illegally operating liquefied gas mainly include illegal storage, filling, transportation and sales of liquefied gas. These behaviors often have serious security risks, such as storage facilities not meeting safety standards, illegal operation during filling, unqualified transport vehicles and so on. , easily lead to fire, explosion and other accidents.
Three. Business amount
The operating amount of the crime of illegally operating liquefied gas is also one of the filing standards. According to relevant laws and regulations, it is a crime to illegally operate liquefied gas to a certain extent. The specific amount standard may be different due to factors such as region and time, but it usually involves a large economic scale.
When judging whether the crime of illegally operating liquefied gas is established, we should comprehensively consider the subjective intention of the criminal suspect, the duration of business activities, the potential harm to public safety and other factors. Only when these factors are integrated to a certain extent can they be identified as the crime of illegally operating liquefied gas and can they be put on file for investigation.
To sum up:
The filing standard of the crime of illegally operating liquefied gas involves many aspects such as business subject, business behavior and business amount. Only units or individuals with relevant business qualifications can engage in liquefied gas business activities; Illegal storage, filling, transportation and sale of liquefied gas constitute illegal operation; When the business amount reaches a certain level, it constitutes a crime and may be investigated. In addition, other relevant factors need to be comprehensively considered in order to accurately judge whether the crime is established.
Legal basis:
Criminal law of the people's Republic of China
Article 225 stipulates that:
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) 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.
This law clearly stipulates the constitution and punishment of the crime of illegal business operation. The illegal operation of liquefied gas belongs to the category of "other illegal operations that seriously disrupt the market order" and can be investigated and dealt with in accordance with this Law.
Regulations on the Administration of Town Gas
Article 45 provides that:
In violation of the provisions of this Ordinance, those who engage in gas business activities without obtaining a gas business license shall be ordered by the gas management department to stop the illegal act and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan; Illegal income, confiscate the illegal income; If a crime is constituted, criminal responsibility shall be investigated according to law.