Whoever embezzles another person's business license to conduct business activities, the amount of which reaches the standard of criminal investigation, violates the provisions of Article 225 of the Criminal Law and is suspected of illegal business operation, and shall be investigated for criminal responsibility according to law. Those who fail to meet the standards of criminal investigation shall be given administrative punishment by the industrial and commercial departments. Article 225 of the Criminal Law
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.
Crime of illegal business operation
Legal basis:
According to the relevant regulations, those who engage in illegal audio-visual products, which constitute a crime, should be dealt with separately according to the specific circumstances of the case. According to the relevant provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Publications and the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for the Public Security Organs to Jurisdicte Criminal Cases,
1 Article 1 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Publications, which came into effect on February 23, 1998, stipulates: "In violation of state regulations, publishing, printing, copying and distributing articles1to 10 of this Interpretation.
According to the provisions of Article 12 of the Judicial Interpretation, if the personal business amount is more than 50,000 yuan to 654.38+10,000 yuan, the illegal income amount is more than 20,000 yuan to 30,000 yuan, and there are more than 500 audio-visual products and electronic publications, it is a crime of illegal business operation. If the business amount is more than 6,543.8+0.5 million yuan and less than 300,000 yuan, the amount of illegal income according to law is more than 50,000 yuan and more than 6,543.8+0.0 million yuan, and the number of audio-visual products and electronic publications is more than 6,543.8+0.5 million pieces (boxes), it is illegal business, and the circumstances are particularly serious.
Article 13 of the judicial interpretation stipulates that the business amount of a unit is more than15,000 yuan to 300,000 yuan, the illegal income is more than 50,000 yuan to 654,380+0,000 yuan, and the audio-visual products and electronic publications are more than 1500 pieces (boxes), which is an illegal business operation crime. The business amount is more than 500,000 yuan to 6,543.8+0,000 yuan, the illegal income is more than 6,543.8+0.5 million yuan to 300,000 yuan, and more than 5,000 pieces (boxes) of audio-visual products and electronic publications are engaged in illegal business, and the circumstances are particularly serious.
20 10 on may 7th, the Supreme People's Procuratorate and the Ministry of public security issued the "regulations of the Supreme People's Procuratorate and the Ministry of public security on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs".
(2) In the notice of [1], Article 79 stipulates:
1, the amount of illegal business operation by individuals is more than 50,000 yuan, and the amount of illegal business operation by units is more than150,000 yuan;
2, the amount of illegal income of individuals is more than twenty thousand yuan, and the amount of illegal income of units is more than fifty thousand yuan;
3. Individuals illegally operate 5000 newspapers or 5000 periodicals or 2000 books or more than 500 audio-visual products and electronic publications.
4, although not up to the above amount standard, but has one of the following circumstances:
(1) publishing, printing, copying and distributing illegal publications twice or more within two years, publishing, printing, copying and distributing illegal publications;
(two) publishing, printing, copying and distributing illegal publications, which has caused adverse social impact or other serious consequences.
Legal basis:
Article 280 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Whoever forges the seals of companies, enterprises, institutions or people's organizations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined. Whoever forges, alters or buys or sells identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Article 280-1 Whoever uses forged, altered or embezzled other people's identity cards, passports, social security cards, driver's licenses and other certificates that can prove his identity according to law in activities that should prove his identity according to state regulations, if the circumstances are serious, shall be sentenced to criminal detention or public surveillance and shall also or only be fined. Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment. Article 280 bis Whoever steals or fraudulently uses another person's identity to obtain the qualifications for admission to institutions of higher learning, employment of civil servants and employment placement on behalf of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined. Whoever organizes or instigates others to commit the acts mentioned in the preceding paragraph shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. State functionaries who commit the acts mentioned in the preceding two paragraphs, which constitute other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes.