Legal analysis: the crime of illegal business operation is a public prosecution case, which is under the jurisdiction of the public security organ according to law and detected by the economic investigation department of the public security bureau. If an administrative organ finds an illegal act in the investigation of relevant cases, it shall be transferred to the public security organ for investigation and punishment, and the criminal responsibility of the suspect shall be investigated. If the illegal business cases directly investigated and dealt with by the public security organs do not meet the standards for criminal filing, they shall be transferred to the relevant administrative organs for administrative responsibility.

Legal basis: 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.