The term "crime of illegal business operation" as mentioned in this article refers to a criminal act that violates state regulations, commits one of the listed illegal business operations and disrupts market order. Among them, "violation of state regulations" refers to violation of relevant state laws and administrative regulations. The three acts listed in this article are: (1) dealing in goods that are monopolized or monopolized by laws and administrative regulations or other goods that are restricted in business without permission. Among them, "without permission" means without the approval of the relevant competent departments of the state; Articles that are franchised and monopolized by laws and administrative regulations refer to articles that are specifically stipulated by laws and administrative regulations to be operated by specialized agencies. Such as salt, tobacco, etc. ; "Other goods whose trading is restricted" refers to the goods whose trading is restricted within a certain period according to the needs of economic development and safeguarding the interests of the state, society and people. Such as chemical fertilizers and pesticides. The range of goods for exclusive sale and restricted trading is not fixed. With the development of socialist market economy, the provisions of laws and administrative regulations may change. (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. Among them, the Import and Export License is a document issued by the competent foreign trade department of the state to confirm the qualification of enterprises to engage in import and export business. "Import and export certificate of origin" refers to the certificate issued by the relevant competent authorities of origin, which is required by law when engaging in import and export business activities and must be attached when importing and exporting products. In order to maintain the orderly and standardized development of the market economy, the state implements a license management system or an examination and approval management system for certain production and business activities. "Business licenses or approval documents stipulated by other laws and administrative regulations" here refers to all business licenses or approval documents stipulated by laws and administrative regulations. Such as forest logging, mineral mining, wildlife hunting and so on. (3) illegally engaging in securities, futures or insurance business without the approval of the relevant competent department of the state. Among them, "illegal operation of securities and futures business" mainly refers to the following acts: (1) illegal establishment of stock exchanges and futures exchanges for securities and futures trading; Without the approval and registration of the administrative department for industry and commerce, unauthorized securities and futures brokerage business and other illegal securities and futures brokerage business; Stock exchanges, futures exchanges, securities companies and futures brokerage companies illegally engage in securities and futures trading beyond their business authority; Securities and futures consulting companies and investment service companies engaged in securities and futures consulting business engage in securities and futures business without authorization. "Illegal insurance business" mainly refers to the following acts: insurance companies operate property insurance and life insurance business at the same time; Carrying out insurance agency business without authorization; Insurance brokers engage in insurance business beyond their business scope. (four) other illegal business activities that seriously disrupt the market order. This is a general regulation on the complexity and diversity of illegal business activities in real life. Other illegal business practices mentioned here shall meet the following conditions: First, such behaviors occur in business activities, mainly in the fields of production and circulation. Second, this behavior violates the provisions of laws and regulations. Third, it is harmful to society and seriously disrupts the market economic order.

In addition, regarding the illegal trading of foreign exchange, the Sixth Session of the Ninth the National People's Congress Standing Committee (NPCSC) adopted the Decision on Punishing Crimes of Foreign Exchange Fraud, Foreign Exchange Evasion and Illegal Trading of Foreign Exchange on February 29th, 1998. Article 4 of the decision stipulates: "Whoever illegally buys or sells foreign exchange outside the trading places stipulated by the state and disrupts the market order, if the circumstances are serious, shall be convicted and punished in accordance with the provisions of Article 225 of the Criminal Law." The "state-stipulated foreign exchange management places" here refer to foreign exchange trading centers, designated foreign exchange banks and non-bank financial institutions with foreign exchange trading qualifications approved by the State Administration of Foreign Exchange. In addition, according to the provisions of the judicial interpretation of the Supreme People's Court, illegally buying and selling foreign exchange of more than 200,000 US dollars; If the illegal income is more than 50,000 yuan, it constitutes "serious circumstances".

legal ground

Criminal law of the people's Republic of China

Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, 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 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.