The crime of illegal business operation refers to illegal business operation, which involves operating franchised, monopolized or other restricted goods without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, engaging in other illegal business activities, disrupting market order and having serious circumstances.
Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC) violates state regulations and commits the following illegal business operations.
1. Whoever disturbs 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 the illegal income or confiscated property:
(a) operating franchise, special business projects or other restricted business projects as stipulated 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;
(3) illegally engaging in securities, futures or insurance business without the approval of the relevant competent department of the state;
(four) other illegal business activities that seriously disrupt the order of the city. Article 231 Where a unit commits the crimes specified in Articles 221 to 230 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section.
According to Article 225 of the Criminal Law, anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined 1 times but not more than five times; 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/kloc-0 but not more than 5 times the illegal income, or his property shall be confiscated. According to Article 23 1 of the Criminal Law, if a unit commits the crime of illegal business operation, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished according to the above legal punishment.
"Notice of the Supreme People's Procuratorate and the Ministry of Public Security on Printing and Distributing" stipulates in Article 79, Item 8:
1, the amount of illegal business operation by individuals is more than 50,000 yuan, and the amount of illegal business operation by units is more than150,000 yuan;
2, the amount of illegal income of individuals is more than twenty thousand yuan, and the amount of illegal income of units is more than fifty thousand yuan;
3, although not up to the above amount standard, but within two years due to the same kind of illegal business behavior by administrative punishment for more than two times and the implementation of the same kind of illegal business behavior;
4. Other serious circumstances.