Operating coal without a license is generally not illegal. Coal is not a state-exclusive commodity. If no serious consequences are caused, it will not constitute an illegal business crime. The object of illegal business crimes should be market order. In order to ensure the market for restricted trading of goods and import and export goods, the state implements a business licensing system.

Operating coal without a license is an illegal operation without trial. The crime of illegal operation refers to operating franchises, monopoly items or other restricted items without permission, import and export licenses, and import and export certificates of origin. and other business licenses or approval documents stipulated in laws and administrative regulations, as well as other illegal business activities, disrupting market order, and serious acts.

Operations without a license will be investigated and punished by the corresponding departments. According to Article 5 of the "Measures for the Investigation and Punishment of Unlicensed and Unlicensed Operations": If an operator engages in business activities without obtaining a license in accordance with the law, it shall be investigated and punished by the departments specified by laws, regulations, and decisions of the State Council. According to Article 7 of the "Measures for the Investigation and Punishment of Unlicensed and Unlicensed Operations": If an operator fails to obtain a license in accordance with the law and fails to obtain a business license in accordance with the law to engage in business activities, it shall be investigated and punished in accordance with the provisions of Article 5 of these Measures.

1. How to punish the crime of illegal business

Operating franchises, monopoly items or other restricted items without permission, buying and selling import and export licenses, import and export certificates of origin and Other business licenses or approval documents stipulated in laws and administrative regulations, as well as other illegal business activities, disrupting market order, and serious acts.

Any natural person who commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. In addition, a fine of not less than one time but not more than five times of the illegal income or property confiscation may be imposed. According to Article 225 of the "Criminal Law"

Whoever violates state regulations and commits any of the following illegal business activities, disrupts market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to or A fine of not less than one time but not more than five times the illegal income shall be imposed; if the circumstances are particularly serious, the fine shall be not less than five years and not less than one time but not more than five times the illegal income or property may be confiscated:

1. Operating without a license Special items or other restricted items as stipulated in laws and administrative regulations;

2. Buying and selling import and export licenses, import and export certificates of origin and other business licenses stipulated in laws and administrative regulations, or Approval documents;

3. Illegal operation of securities, futures or insurance business without approval from relevant national competent authorities;

4. Other illegal business activities that seriously disrupt market order.

II. Determination of the Amount of Illegal Business Crime in 2022

Illegal business crime is a profit-seeking economic crime. The perpetrators commit crimes in order to obtain some kind of benefit. This kind of profitable criminal behavior must be realized by infringing on the interests of others, and the two are consistent under normal circumstances. However, in real life, it may also happen that the criminal does not actually gain much benefit, but the interests of the victim are violated. Here, where should we focus our attention becomes a question - is the purpose of criminal law to protect legal interests or to prohibit? People benefit? Is the essence of a crime an infringement of legal rights or a benefit to the offender? When convicting and sentencing, should we focus on the legal interests infringed by criminal acts or on the benefits gained by the offender? The theory of legal interest infringement will obviously put its perspective on the former of each issue; while the theory of norm violation will definitely put its perspective on the latter of each issue, because the theory of norm violation attaches great importance to the maintenance of the ethical order, so it pays attention to the selfish performance of the actor. Pay attention to whether the perpetrator has obtained benefits. From the perspective of the value orientation of legislation, the new criminal law is tilted towards objectivism. In terms of the standard for judging whether a certain behavior constitutes a crime, it focuses on the infringement or threat of the behavior to legal interests. Therefore, regarding the determination of the amount of illegal business crimes, we should adopt the position of the theory of legal interest infringement (objectivism, valueless results), because according to the purpose of criminal law is to protect legal interests, the essence of crime is to infringe legal interests, so the subjective judgment of the perpetrator The pursuit of interests is not a very important issue objectively. That is, the fundamental consideration in conviction and sentencing is the type and degree of infringement of legal interests by the behavior, rather than whether the actor has obtained benefits and the extent of the infringement. The amount of benefit. According to this standard to determine the amount pattern that constitutes the crime of illegal business, it will be concluded that our country's criminal law should abolish the parallel model of the amount of illegal income and the amount of illegal business operations, and only adopt the standard of the amount of illegal business operations.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 225 Violates state regulations and commits the following illegal business activities 1. Whoever disrupts market order and the circumstances are serious shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income;

If the circumstances are particularly serious, he shall be sentenced to five years. The above-mentioned fixed-term imprisonment shall also be imposed upon a fine of not less than one time but not more than five times of the illegal income or confiscation of property:

(1) Whoever operates a franchise or monopoly items or other items with restricted sales and purchases stipulated in 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 in laws and administrative regulations;

(3) Without Relevant national competent authorities approve the illegal operation of securities, futures, and insurance businesses, or illegally engage in fund payment and settlement business;

(4) Other illegal business activities that seriously disrupt market order.