The constitutive elements of the crime of illegal business operation are as follows:
1, object elements, the object of this crime is the national market management system that restricts the sale of goods and business licenses;
2. Object elements. The object of this crime is the national market management system that restricts the sale of goods and business licenses;
3, the main elements, the subject of this crime is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have criminal responsibility ability. A legally established and responsible unit can also be the subject of this crime. According to the provisions of this article, the subject of this crime is willing to refer to the business operators, but under the conditions of market economy, "no one does not do business." If the subject of this crime is limited to a special subject, many acts of buying and selling goods, import and export licenses and import and export certificates of origin without any business license (non-operators) will not be punished, so the subject of this crime is a general subject;
4. Subjective elements: Subjectively, this crime is constituted by intention and has the purpose of seeking illegal interests, which are the two main contents of this crime. If the actor buys and sells the business license because he doesn't understand the laws and regulations, he should not be punished as this crime, and the competent department should investigate his administrative responsibility.
Sentencing standard for the crime of illegal business operation;
1, generally 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;
2. 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 the illegal income, or his property shall be confiscated.
To sum up, reselling Moutai without relevant business license may be considered as illegal business operation and may be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
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) 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.