The determination of the amount of the crime of illegal business operation is based on whether the circumstances are serious or not. If the circumstances are serious, it constitutes a crime; If the circumstances are not serious enough, it does not constitute a crime. On 2001April 18, the Supreme People's Procuratorate and the Ministry of Public Security issued the Provisions on the Prosecution Standards of Economic Crime Cases. Article 70 specifies the standard of prosecution for the crime of illegal business operation. According to this regulation, the specific prosecution standard of the crime of illegal business operation is: (1) In violation of state regulations, engaging in international telecommunications business or engaging in profit-making activities involving telecommunications business in Hong Kong, Macao and Taiwan without authorization by renting international private lines, privately setting up exchange equipment or other methods, and being suspected of one of the following circumstances, it shall be prosecuted: (1) The outbound business volume is above 1 10,000 yuan; (2) The loss of telecom tariff caused by the operation of inbound business is more than 6,543,800 yuan; (3) Having been subjected to administrative punishment for more than 2 times for illegally operating international telecommunication services or telecommunication services involving Hong Kong, Macao and Taiwan, although the above-mentioned amount standard has not been reached. (2) Whoever is suspected of any of the following circumstances shall be investigated for the crime of illegally operating foreign exchange: ① buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its sub-centers, with an amount of more than 200,000 US dollars, or with an illegal income of more than 50,000 yuan; (2) Companies, enterprises or other units, in violation of the provisions on foreign exchange agency business, use illegal means, or knowingly use forged or altered vouchers or commercial documents to defraud others to purchase foreign exchange from designated foreign exchange banks, with an amount of more than 5 million US dollars, or with an illegal income of more than 500,000 yuan; (3) defrauding foreign exchange, the amount of which is more than US$ 6,543.8+0,000 or the illegal income is more than RMB 6,543.8+0,000. (3) Anyone who publishes, prints, reproduces or distributes illegal publications in violation of state regulations and is suspected of one of the following circumstances shall be prosecuted: ① The illegal business amount of an individual is more than 50,000 yuan, and the illegal business amount of a unit is more than 6,543,800 yuan+0.5 million yuan; The amount of personal illegal income is more than 20,000 yuan, and the amount of unit illegal income is more than 50,000 yuan; (3) Individuals illegally operate 5000 newspapers or 5000 periodicals or 2000 books or more than 500 audio-visual products or electronic publications, and units illegally operate 15000 newspapers or periodicals 15000 books or audio-visual products or electronic publications 1500. (4) those who illegally engage in securities, futures and insurance business without the approval of the relevant competent departments of the state, with an illegal business amount of more than 300,000 yuan or an illegal income of more than 50,000 yuan, shall be prosecuted. (5) Anyone who engages in other illegal business activities and is suspected of one of the following circumstances shall be prosecuted: ① The amount of illegal business operation by an individual is more than 50,000 yuan, or the amount of illegal income is more than 6,543,800 yuan; (2) The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than 654.38+10,000 yuan. Illegal operations that fail to meet the standards of prosecution can only be punished according to general illegal acts. Illegal business mainly refers to illegal sales of some monopoly commodities or other restricted commodities, buying and selling import and export licenses, or other acts that seriously disrupt the market economic order without legal permission. For the general crime of illegal business operation, the relevant departments will give a warning, and if it constitutes a crime, it will be investigated for criminal responsibility and fined.

Legal objectivity:

Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting 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.