Unlicensed operation is a kind of operation, but it is not all illegal operation. There are also illegal businesses that illegally engage in securities, futures and insurance business or illegally engage in fund payment and settlement business without the approval of the relevant competent departments of the state; Other circumstances that seriously disrupt the market order, such as illegal business operations.
Second, what is unlicensed operation?
Unlicensed operation refers to the act of engaging in business activities without obtaining a license issued by the licensing examination and approval department in accordance with the provisions of laws and regulations, without applying for industrial and commercial registration with the administrative department for industry and commerce, and obtaining a business license. Unlicensed operation has complicated reasons such as imperfect legislation and poor supervision. In order to establish fair competition rules and maintain market order, relevant departments will ban unlicensed business activities according to law, educate operators, impose fines or pursue criminal responsibility according to law.
Three, the standard of filing the crime of illegal business.
The crime of illegal business operation refers to the violation of state regulations, illegal business operation, disrupting market order, and should be filed for prosecution if it is suspected of one of the following circumstances:
(1) Illegal production, storage, transportation and sale of salt in violation of state regulations on salt management, disrupting market order, under any of the following circumstances:
1, the amount of salt illegally handled is more than 20 tons;
2. Having been punished twice or more for illegally operating salt, and the amount is more than ten tons.
(2) Violating the laws and regulations of the State on tobacco monopoly administration, illegally dealing in tobacco monopoly products without the permission of the department of tobacco monopoly administration, tobacco monopoly production enterprises, tobacco monopoly wholesale enterprises, tobacco monopoly enterprises and tobacco monopoly retail licenses, under any of the following circumstances:
1, the amount of illegal business is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;
2, the illegal operation of more than two hundred thousand cigarettes;
3. Having been punished twice or more for illegally operating tobacco monopoly products within three years, and the amount of illegally operating tobacco monopoly products is more than 30,000 yuan.
(3) illegally engaging in securities, futures and insurance business, or illegally engaging in fund payment and settlement business without the approval of the relevant competent department of the state, under any of the following circumstances:
1, illegally engaged in securities, futures and insurance business, with an amount of more than 300,000 yuan;
2, illegally engaged in the payment and settlement of funds, the amount of more than two million yuan;
3. In violation of state regulations, paying cash directly to credit card holders by means of fictitious transactions, false prices, cash return, etc. by means of point-of-sale terminal equipment. , the amount is more than one million yuan, or the financial institution's funds are overdue by more than two hundred thousand yuan, or the financial institution's economic loss is more than one hundred thousand yuan;
4, the amount of illegal income in more than fifty thousand yuan.