The constitutive elements of the crime of illegal business operation are as follows:

1, the object of this crime is the national market management system that restricts the sale of goods and business licenses;

2. Objectively, this crime is manifested as engaging in franchise, monopoly or other restricted commodities without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, engaging in other illegal business activities, disrupting market order, and serious acts;

3. The subject of this crime is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have the capacity for criminal responsibility, and units established according to law and having the capacity for criminal responsibility can also become the subject of this crime;

4. Subjectively, this crime is intentional and has the purpose of seeking illegal interests. The specific performance is as follows:

(1) engages in franchise or monopoly commodities or other commodities whose trading is restricted by laws and administrative regulations without permission. The so-called franchise and sale of goods refers to tobacco, salt, narcotic drugs and other goods that can only be operated by specific departments or units according to laws and administrative regulations. Other articles with restricted trading refer to articles that are not allowed to be traded freely in the market according to national laws and administrative regulations, such as cotton, fertilizers, pesticides, seeds, etc.

(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.

(3) illegally buying and selling foreign exchange outside the trading places stipulated by the state.

(4) illegally engaging in securities, futures or insurance business without the approval of the relevant competent department of the state.

(five) other illegal business activities that seriously disrupt the market order. One of the above acts, if the circumstances are serious, may constitute this crime. In judicial practice, in some judicial interpretations, some behaviors are also punished as illegal business operations, that is, the above behavior (5) is further explained in detail.

To sum up, the crime of illegal business operation refers to the illegal business operation that violates the state regulations and disrupts the market order, so it belongs to a criminal case.

Legal basis:

Article 225 of the Criminal Code of People's Republic of China (PRC).

The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the 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 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.