Legal analysis
Unlicensed operation refers to the act of engaging in business activities without obtaining a license issued by the licensing examination and approval department in accordance with the provisions of laws and regulations, without applying for industrial and commercial registration with the administrative department for industry and commerce, and obtaining a business license. Unlicensed operation has complicated reasons such as imperfect legislation and poor supervision. In order to establish fair competition rules and maintain market order, relevant departments will ban unlicensed business activities according to law, educate operators, impose fines or pursue criminal responsibility according to law. The behavior of unlicensed operation mainly includes: investigating unlicensed operation. Unlicensed business activities that should have obtained licenses or other approval documents and business licenses according to law; A business license can be obtained without obtaining a license or other approval documents, but a business license has not been obtained according to law, and business activities are carried out without a license; Engaging in business activities without a license without obtaining a business license according to law; Operating without a license after cancellation of registration or revocation of business license, and continuing to engage in business activities without authorization after the expiration of the business license; Engaging in illegal business activities beyond the business scope approved and registered, and engaging in business activities that can only be carried out after obtaining a license or other approval documents.
legal ground
Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and 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 his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business 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.