Criteria for filing the crime of illegal business operation:

1, the amount of illegal tobacco monopoly products is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan. Illegally dealing in more than 200,000 cigarettes. Being 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.

2. Illegally engaging in securities, futures and insurance business, with an amount of more than 1 million yuan, or with an illegal income of more than 100,000 yuan. Illegally engaging in fund payment and settlement business, with an amount of more than 5 million yuan, or with an illegal income of more than 100,000 yuan.

3. Being investigated for criminal responsibility according to law because of the criminal act of illegally engaging in the fund payment and settlement business, and being subject to administrative punishment for the illegal act of illegally engaging in the fund payment and settlement business within two years, refusing to explain the whereabouts of the funds involved or refusing to cooperate with the recovery work, resulting in the inability to recover the illicit money.

4. Use the point-of-sale terminal equipment (POS machine) and other means to directly pay cash to credit card holders by fictitious transactions, false pricing, cash return and other means. , the amount is more than one million yuan, or the funds of financial institutions are more than 200,000 yuan overdue, or the economic losses of financial institutions are more than 100,000 yuan.

5. Illegally operating or reselling foreign exchange in disguised form is more than 5 million yuan, or the illegal income is more than 100,000 yuan.

6. Other circumstances that need to be filed for prosecution.

Legal objectivity:

criminal law

Article 225

Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts 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 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.