1. What is the penalty for the illegal business amount?

1. If the illegal business amount reaches more than 50,000 yuan, you will be sentenced. The criteria for filing a case are:

(1) The amount of illegal business is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;

(2) The illegal business of cigarettes is 200,000 yuan cigarettes or more;

(3) Those who have received more than two administrative penalties within three years for illegally operating tobacco monopoly products, and also illegally operate tobacco monopoly products with an amount of more than 30,000 yuan.

2. Legal basis: Article 225 of the "Criminal Law of the People's Republic of China"

The crime of illegal business violates national regulations and involves one of the following illegal business behaviors , who 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, shall be sentenced to fixed-term imprisonment of not less than five years and not more than five times the illegal income. A fine of not less than three times but not more than five times or confiscation of property:

(1) Unauthorized operation of special items, monopoly items or other items restricted from sale and purchase stipulated in 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 in laws and administrative regulations;

(3) Illegal operations of securities, Futures and insurance business, or illegally engaging in fund payment and settlement business;

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

2. What are the constituent elements of the crime of illegal business operations

1. Object elements: The object violated by the crime of illegal business operations is the state’s market management system that restricts the sale and purchase of goods and business licenses;

2. Objective elements: manifested in the unauthorized operation of franchises, monopoly items or other restricted items, import and export licenses, import and export certificates of origin, and other business licenses stipulated in laws and administrative regulations. certificates or approval documents, as well as other illegal business activities, disrupting market order, and serious acts;

3. Subject requirements: The subject of the crime of illegal business is a general subject, that is, all persons who have reached the age of criminal responsibility and have A natural person capable of criminal liability. Units can also become the subject of this crime. Usually, only a normal person who is over 16 years old can commit the crime of illegal business, while a person who is under 16 years old or a mentally ill person cannot constitute the crime of illegal business. The so-called "unit" refers to various companies, enterprises, institutions and other legal persons and organizations;

4. Subjective elements: The subjective aspect of the crime of illegal business operations is intentional and has the purpose of seeking illegal profits.

?