Crime of illegal business operation
(1) Relevant provisions of the Criminal Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Law):
Article 225 stipulates that the crime of illegal business operation refers to one of the following illegal business operations in violation of state regulations, disrupting 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 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.
Sentencing standard: if the crime of illegal business operation is serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of 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.
(2) Relevant judicial interpretations:
Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases that Hinder the Prevention and Control of Infectious Diseases (implemented on May 15, 2003)
Article 6 explains that in the process of prevention and control of sudden infectious diseases and other disasters, anyone who, in violation of the state regulations on market operation and price management, drives up prices for huge profits and seriously disrupts the market order, has a large amount of illegal income or has other serious circumstances, shall be convicted of illegal business operation in accordance with the provisions of Item (4) of Article 225 of the Criminal Law and be severely punished according to law.
Interpretation of Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production, Sale and Use of Feed and Animal Drinking of Prohibited Drugs (effective as of August 16, 2002)
Article 1 Whoever illegally produces and sells drugs such as clenbuterol, which are prohibited from being used in feed and animal drinking water, without obtaining the Pharmaceutical Production and Business License and the approval number, thus disrupting the order of the pharmaceutical market, and the circumstances are serious, shall be investigated for criminal responsibility for the crime of illegal business in accordance with the provisions of Item (1) of Article 225 of the Criminal Law.
Article 2 explains that if drugs such as clenbuterol are added to the feed produced and sold, which are prohibited from being used in feed and animal drinking water, or if the circumstances are serious, criminal responsibility shall be investigated for the crime of illegal business operation in accordance with the provisions of Item (4) of Article 225 of the Criminal Law.
Article 5 Interpretation: Whoever commits the acts specified in this Interpretation and commits more than two crimes specified in the Criminal Law at the same time shall be investigated for criminal responsibility in accordance with the provisions of heavier punishment. Article 6 Drugs prohibited from being used in feed and animal drinking water shall be determined according to the list of drugs prohibited from being used in feed and animal drinking water published by relevant state departments.
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Forest Resources
Forge, alter, buy or sell forest cutting license, timber transportation certificate, forest, forest land ownership certificate, payment voucher for occupation or requisition of forest land, afforestation fund and other forestry documents approved by state organs, if the case constitutes a crime, be convicted and punished for the crime of forging, altering, buying or selling official documents and certificates of state organs; However, if buying and selling import and export licenses and other business licenses also constitutes a crime of illegal business operations, they shall be convicted and punished in accordance with the provisions of heavier punishment.
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Wildlife Resources.
Forge, alter, buy or sell official documents and certificates such as wildlife import and export license, special hunting and catching license, hunting license and domestication and breeding license issued by state organs, which constitutes a crime, shall be convicted and punished for the crime of forging, altering, buying or selling official documents and certificates of state organs; However, if the above acts constitute crimes or illegal business operations, they shall be convicted and punished in accordance with the provisions of heavier punishment.
Official Reply of the Supreme People's Procuratorate on Legal Issues Concerning Illegal Operation of International or Hong Kong, Macao and Taiwan Telecommunication Services.