For example, unauthorized establishment of financial institutions, transfer of financial institution business licenses, unauthorized issuance of stocks, companies, corporate bonds, stealing and selling cultural relics, buying and selling of precious animals and their products, etc.

The criminal law has separately listed The illegal business activities of the accused cannot be treated as this crime, but should be convicted and punished as corresponding crimes. For example, setting up a financial institution without authorization, transferring the business license of a financial institution, issuing stocks, companies, and enterprise bonds without authorization, stealing and selling cultural relics, buying and selling precious animals and their products, etc., are essentially illegal operations, but there are special provisions in the criminal law. , these behaviors can no longer be regarded as other illegal business activities and convicted and punished for this crime.

What are the criteria for identifying the crime of illegal business operations?

1. Criminal illegality is consistent with its administrative illegality. In other words, illegal operators must violate relevant industrial and commercial regulations and have no There is no criminal illegality in administrative illegality.

2. Subjectively, it is required that the perpetrator must be intentional and for the purpose of profit. If he does not know that it is illegal and conducts illegal business without the purpose of profit, it will not be considered to constitute a crime. Only administrative penalties can be imposed on the perpetrators.

3. The circumstances of the crime require seriousness to constitute a crime. To determine whether the circumstances are serious, the starting point should be the amount of illegal business operations and income, and should be combined with whether the perpetrator has committed illegal business activities. It will be judged whether it has caused heavy losses to the country or caused other serious consequences, and whether it has not repented even after administrative punishment.

To sum up, these are the editor’s relevant answers to the illegal activities that do not constitute the crime of illegal business operations. I hope it can help you.

Legal Basis

Article 225 of the "Criminal Law of the People's Republic of China" violates national regulations, commits one of the following illegal business activities, disrupts market order, and the circumstances If the case is serious, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income. Or confiscation of property:

(1) Operating franchises, monopoly items or other restricted items stipulated in laws and administrative regulations without permission;

(2) Buying and selling import and export licenses certificate, import and export certificate of origin, and other business licenses or approval documents stipulated in laws and administrative regulations;

(3) Illegal operations of securities, futures, and insurance business without approval from the relevant national competent authorities, Or illegally engage in fund payment and settlement business;

(4) Other illegal business activities that seriously disrupt market order.