Legal analysis: 1. The object of the crime of illegal business operations is the state’s normal management of the market and the order of market transactions. 2. The objective aspect of this crime is the behavior of violating state regulations, illegally engaging in business activities, and disrupting market order. First of all, the perpetrator violated the relevant laws and regulations of the country, which mainly refers to the violation of a series of laws and regulations of the country on monopoly, monopoly items or other items that restrict the sale and purchase. Secondly, engage in illegal business activities and disrupt market order. 3. The subject of this crime can be an individual or a unit. 4. The subjective aspect of this crime is intentional, that is, knowing that his behavior is illegal and will have serious consequences of disrupting market order, but the perpetrator hopes or allows this result to occur. The perpetrator often has a subjective purpose of making profit, but whether he has this purpose does not affect the establishment of this crime, and negligence cannot establish this crime.
Legal basis: Article 225 of the "Criminal Law of the People's Republic of China" The following fixed-term imprisonment or criminal detention, and concurrently or solely a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, shall be sentenced to not less than five years in prison and a fine of not less than one time but not more than five times the illegal income, or confiscation of property: p>
(1) Operating a franchise stipulated in laws and administrative regulations without permission. Specializing in items or other items with restricted sales;
(2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated in laws and administrative regulations;
(3) Illegal operations of securities, futures, and insurance businesses without approval from relevant national competent authorities, or illegal fund payment and settlement business;
(4) Other activities that seriously disrupt market order illegal business practices.