1. The crime of smuggling precious metals refers to the act of violating customs regulations, evading customs supervision, illegally transporting, carrying and mailing precious metals whose export is prohibited by the state, and undermining the state's foreign trade management. The object of this crime is the system of prohibiting the export of precious metals in the national foreign trade control. Its object is gold, silver or other precious metals whose export is prohibited by the state. Other precious metals here refer to precious metals such as platinum, iridium, osmium, ruthenium, rhodium, titanium and palladium. Except for gold and silver prohibited by the state.
2. The crime of illegal business operation refers to the illegal business operation of licensed commodities or other commodities with restricted trade 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 operations, disrupting the market order, and the circumstances are serious. Subjectively, this crime is intentionally constituted and has the purpose of seeking illegal interests, which are the two main contents of this crime. If the actor buys and sells the business license because he doesn't understand the laws and regulations, he should not be punished as this crime, and the competent department should investigate his administrative responsibility.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 151 This crime refers to the violation of customs regulations, evasion of customs supervision, illegal transportation, carrying and mailing of precious metals whose export is prohibited by the state, and undermining the state's foreign trade management. The object of this crime is the system of prohibiting the export of precious metals in the national foreign trade control. Its object is gold, silver or other precious metals whose export is prohibited by the state. Other precious metals here refer to precious metals such as platinum, iridium, osmium, ruthenium, rhodium, titanium and palladium. Except for gold and silver prohibited by the state.
Article 225 refers to the crime of violating state regulations and committing one of the following illegal business operations: (1) dealing in commodities that are exclusively sold or franchised or other commodities whose trading 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 settlement business; (four) engaged in other illegal business activities, disrupting the market order, and the circumstances are serious.