Legal analysis
Operating franchise or monopoly commodities or other commodities with restricted trading as stipulated by laws and administrative regulations without permission; 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; Illegal operation of securities, futures and insurance business, or illegal operation of fund payment and settlement business without the approval of the relevant competent departments of the state; Other illegal business practices that seriously disrupt market order. Criminal illegality is consistent with its administrative illegality, that is, illegal operators must violate relevant industrial and commercial laws and regulations, and there is no criminal illegality without administrative illegality. Subjectively, the actor must be intentional and take profit as the purpose. Those who engage in illegal business knowing that it is illegal and not for profit are not considered to constitute, and only administrative punishment can be given to the perpetrator. Only if the circumstances of the crime require serious circumstances can it constitute a crime, and whether the circumstances are serious should be determined from the amount and income of illegal business, whether the actor has carried out illegal business activities, causing great losses to the country or other serious consequences, and whether he still refuses to repent after administrative punishment.
legal ground
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.