1, the amount of illegal business is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;

2, the illegal operation of more than two hundred thousand cigarettes;

3. Having been punished twice or more for illegally operating tobacco monopoly products within three years, and the amount of illegally operating tobacco monopoly products is more than 30,000 yuan.

One of the following illegal business operations is illegal:

1. Without permission, engaging in franchise or monopoly commodities or other commodities whose operation is restricted by laws and administrative regulations;

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, 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;

4. Other illegal business operations that seriously disrupt the market order.

To sum up, the crime of illegal business operation refers to engaging in illegal business activities without permission, such as dealing in franchise, monopoly commodities or other commodities with restricted transactions, buying and selling import and export licenses, import and export certificates of origin and business licenses or approval documents stipulated by other laws and administrative regulations, and engaging in other illegal business activities, disrupting market order, with serious circumstances.

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) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;

(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.

Article 16 of People's Republic of China (PRC) Tobacco Monopoly Law

Enterprises or individuals engaged in the retail business of tobacco products shall, upon the entrustment of the superior tobacco monopoly administrative department, issue a tobacco monopoly retail license upon examination and approval by the administrative department for industry and commerce of the people's government at the county level. If a county-level tobacco monopoly administrative department has been established, it may also issue a tobacco monopoly retail license upon examination and approval by the county-level tobacco monopoly administrative department.

Article 22

Posting and carrying tobacco leaves and tobacco products in different places shall not exceed the limits set by the relevant competent authorities in the State Council.

Article 23

Individuals carrying tobacco products into the country shall not exceed the limit set by the relevant competent authorities in the State Council.