Article 225 of the Criminal Law, in violation of state regulations, commits one of the following illegal business operations, disrupting the 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 confiscated of his property:

(1) dealing in exclusive or exclusive goods or other goods whose trading is restricted as stipulated by laws and administrative regulations without permission;

(2) buying and selling import and export licenses, import and export certificates of origin and business licenses or approval documents as stipulated by other laws and administrative regulations;

(3) illegally engaging in securities, futures and insurance business, or illegally engaging in fund payment and settlement business without the approval of the relevant competent department of the state;

(4) other illegal business operations that seriously disrupt the market order.

One year after graduating from college, Jiang Lili has never found his favorite job because of his ambition. By chance, Jiang Lili saw a message from the Internet: Some people were distressed by being deducted for traffic violations; There are also some people who have no cars or have never violated the rules, but they want to make money by selling points. Jiang Lili immediately felt that this was an easy and profitable business opportunity: therefore, in the three months from July 213, Jiang Lili searched and contacted sellers online or directly at the traffic police payment hall, contacted buyers at auto repair shops, and contacted more than 3 business cases of buying and selling driver's licenses, from which he made a profit of nearly 2, yuan.

Comment that Jiang Lili has constituted the crime of illegal business operation. Item (4) of Article 225 of the Criminal Law stipulates that "illegal business operations that seriously disrupt the market order", if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall 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 the illegal income or confiscated property. The Ministry of Public Security and the Supreme People's Procuratorate's "Provisions on the Prosecution Standards of Economic Crime Cases" stipulate that "an individual's illegal business operation amount is more than 5, yuan, or the illegal income amount is more than 1, yuan" should be prosecuted. In this case, in view of Jiang Lili's illegal act as an "intermediary", disrupting the market order, and trading the penalty points for traffic violations as a commodity, and the amount of illegal income is nearly 2, yuan, it is naturally inevitable to escape criminal sanctions.

unpaid "withholding points" was punished

Case On December 19th, 213, Li Fengjiao, who had long heard that she could "eliminate disasters" by withholding points, immediately came up with a "golden idea": Let the traffic police deduct my points! When Li Fengjiao went to accept the violation punishment on his behalf, the careful staff found something fishy. But Li Fengjiao not only refused to admit her mistake, but entered into an "offensive and defensive alliance" with her friends. Li Fengjiao did not expect that she did not earn a penny but was detained on the 5 th.

There is nothing wrong with the traffic police's decision to punish Li Fengjiao for public security. Article 6 of the Law on Public Security Administration Punishment stipulates: "Anyone who commits one of the following acts shall be detained for more than 5 days and less than 1 days, and fined for more than 2 yuan and less than 5 yuan: ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… ..... "Li Fengjiao didn't drive a car or violate the rules, but for the sake of personal affair, she helped her friends who violated the rules to escape the sanctions, provided false statements and lied about the case to the traffic police department, and even after the traffic police noticed it, she still didn't think about repentance and entered into an" offensive and defensive alliance "with her friends, which seriously affected the traffic police department to handle cases according to law. Although Li Fengjiao did not make a profit, the punishment was not based on the premise of making a profit, that is, no matter whether it was paid or not, as long as the "withholding" behavior was implemented, it must be punished accordingly.

The case of "withholding points" has to be compensated

It was not until January 17, 214 that Fang Ru received the judgment that she needed to compensate for medical expenses of more than 3, yuan, and even her intestines regretted it. Half a year ago, Fang Ru's best friend injured a pedestrian for running a red light and faced a penalty of 12 points. In view of the fact that the pedestrian was not seriously injured on the surface, Fang Ru, who was shopping nearby, immediately changed her best friend's top bag. Unexpectedly, the pedestrian's injury is far from simple. Because he only received 1, yuan in medical expenses from the traffic insurance, and the traffic police department determined that Fang Ru, who admitted to borrowing the car to drive, was fully responsible, the pedestrian sued Fang Ru for compensation for the remaining medical expenses. But my girlfriend turned her face and refused to recognize people, and refused to admit the top package.

commenting on Fang ru can only pay for it. Article 2 of the Supreme People's Court's Provisions on Evidence in Civil Litigation stipulates: "The parties have the responsibility to provide evidence to prove the facts on which their claims are based or the facts on which they refute the other party's claims. If there is no evidence or the evidence is insufficient to prove the facts of the parties, the parties with the burden of proof shall bear the adverse consequences. " It is precisely because Fang Ru has always admitted that she violated the rules, but she can't provide any evidence when she "retracted her confession", and her girlfriend "retracted her confession" without recognition, which determines that she can only "bear adverse consequences".