If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined. According to the relevant regulations, the operation of liquefied petroleum gas must be licensed by the safety production supervision and management department and the gas management department according to the corresponding conditions. Safety production supervision and management departments issue business licenses for hazardous chemicals, and gas management departments issue business licenses for gas. Any unit or individual that has not obtained the above license shall not operate without authorization.
Elements of the crime of illegal business operation:
First, the object of infringement is the market management order.
Two, the objective performance is in violation of state regulations, illegal business, disrupting market order, serious behavior.
Third, the subject of crime is a general subject, and both individuals and units can constitute the subject of this crime.
Fourth, the subjective aspect consists of intention.
legal ground
Article 225 of the Criminal Code of People's Republic of China (PRC).
The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it 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) operating a franchise or monopoly commodity or other commodities whose operation 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.
Article 14 of the Criminal Law of People's Republic of China (PRC)
Intentional crime is intentional crime, knowing that one's actions will have harmful consequences to society, and hoping or letting such consequences happen, thus constituting a crime.
Whoever intentionally commits a crime shall bear criminal responsibility.