Those who engage in unlicensed operation shall be punished by the administrative department for industry and commerce in accordance with the provisions of relevant laws and administrative regulations. For unlicensed operation, the administrative department for industry and commerce may ban it according to law, confiscate the illegal income and the tools, equipment, raw materials, products (commodities) and other property specially used for unlicensed operation, and impose a fine. If it is not serious enough for criminal punishment, it shall be fined not more than 20,000 yuan; If the scale of unlicensed operation is large and the social harm is serious, a fine of more than 20,000 yuan and less than 200,000 yuan shall be imposed.

First, how can we accurately identify illegal business operations?

1, the criminal illegality of this crime is consistent with its administrative illegality, that is to say, illegal operators must violate relevant industrial and commercial laws and regulations, and there is no criminal illegality without administrative illegality. Under the condition that China's current administrative and economic laws and regulations are not perfect, it is necessary to deeply understand the spirit of national policies when investigating whether a paste behavior violates state regulations, and guide it to develop in a direction beneficial to society when it is neither suitable for promotion nor urgent to ban it.

2. Subjectively, this crime requires that the perpetrator must be intentional. Those who engage in illegal business because they are unaware of the violation of the law are not considered to constitute this crime, and can only be given administrative punishment.

3. This crime only constitutes a crime if the circumstances of the crime are serious, 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, whether it has caused great losses to the country or caused other serious consequences, and whether he still refuses to repent after administrative punishment.

Second, how is the amount of the crime of illegal business operation determined?

Violation of state regulations, illegal business activities, disrupting market order, suspected of one of the following circumstances, should be filed for prosecution:

1. Illegal production, storage, transportation and sale of salt in violation of relevant national salt laws and regulations and disrupting market order under any of the following circumstances:

(1) Illegally handling salt in an amount of more than 20 tons;

(2) Having been punished twice or more for illegally dealing in salt, and the amount is more than ten tons.

2, in violation of national tobacco monopoly management laws and regulations, without the permission of the department of tobacco monopoly administration, tobacco monopoly production enterprise license, tobacco monopoly wholesale enterprise license, special tobacco monopoly business license, tobacco monopoly retail license and other licenses, illegal operation of tobacco monopoly products, under any of the following circumstances:

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

(2) Illegally handling more than 200,000 cigarettes;

(3) Having been 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.

3, 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, under any of the following circumstances:

(1) illegally engaging in securities, futures and insurance business, with an amount of more than 300,000 yuan;

(two) illegally engaged in the payment and settlement of funds, the amount is more than 2 million yuan;

(three) in violation of state regulations, the use of point-of-sale terminal equipment (POS machines) and other means, in the form of fictitious transactions, false prices, cash return and other ways to directly pay cash to credit card holders. The amount is more than 1 million yuan, or the funds of financial institutions are overdue by more than 200,000 yuan, or the economic losses of financial institutions are more than 100,000 yuan;

(four) the amount of illegal income is more than fifty thousand yuan.

4, illegal foreign exchange business, one of the following circumstances:

(1) buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its sub-centers, with an amount of more than USD 200,000, or with an illegal income of more than RMB 50,000;

(2) Companies, enterprises or other units, in violation of foreign trade agency business regulations, fraudulently purchase foreign exchange for others from designated foreign exchange banks by illegal means or with forged or altered vouchers or commercial documents, with an amount of more than 5 million US dollars or illegal income of more than 500,000 yuan;

(3) fraudulently purchasing foreign exchange through an intermediary, the amount of which is more than one million dollars, or the illegal income is more than one hundred thousand yuan.

5. Publishing, printing, copying and distributing illegal publications that seriously endanger social order and disrupt market order, under any of the following circumstances:

(1) The amount of illegal business by individuals is more than 50,000 yuan, and the amount of illegal business by units is more than150,000 yuan;

(two) 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) Individuals illegally operate 5000 newspapers and periodicals or 2000 books or more than 500 audio-visual products and electronic publications, and units illegally operate 5000 newspapers and periodicals or 5000 books or more than 0/500 audio-visual products and electronic publications;

(four) does not meet the above standard, but in any of the following circumstances:

(a) publishing, printing, copying and distributing illegal publications for more than two years, and publishing, printing, copying and distributing illegal publications;

(two) publishing, printing, copying and distributing illegal publications, which has caused adverse social impact or other serious consequences.

6. Illegally engaging in publication, printing, reproduction and distribution, seriously disrupting market order, under any of the following circumstances:

(1) The amount of illegal business by individuals is more than150,000 yuan, and the amount of illegal business by units is more than 500,000 yuan;

(two) the amount of illegal income of individuals is more than 50 thousand yuan, and the amount of illegal income of units is more than 150 thousand yuan;

(3) Individuals illegally operate newspapers 15000, periodicals 15000, books/5000, audio-visual products and electronic publications 15000, and units illegally operate newspapers15000, periodicals15000.

(4) Having been given administrative punishment for illegally engaging in publication, printing, reproduction and distribution for more than two times within two years.

7. Under any of the following circumstances, engage in international telecommunications business or profit-making activities involving telecommunications business in Hong Kong, Macao and Taiwan without authorization by renting international special lines, setting up special exchange equipment or other means, thus disrupting the management order of the telecommunications market:

(1) The outbound business amount is more than one million yuan;

(two) the loss of telecom charges caused by the operation of inbound business is more than one million yuan;

(three) although it does not meet the above amount standard, it has one of the following circumstances:

(1) Having been given administrative punishment for illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan for more than two times in two years, or illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan;

(two) illegal operation of international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan, causing other serious consequences.

8, engaged in other illegal business activities, with one of the following circumstances:

(1) The amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is more than 1 10,000 yuan;

(2) The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than100,000 yuan;

(3) Having been subjected to administrative punishment for the same illegal business operation twice or more within two years, but having committed the same illegal business operation, although the above amount standard has not been reached;

(4) Other serious circumstances.

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 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 Measures for Investigating and Banning Unlicensed Operation

Those who operate without a license shall be banned by the administrative department for industry and commerce according to law, and their illegal income shall be confiscated; Those who violate the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of illegal business operation, the crime of major accidents, the crime of major labor safety accidents, the crime of causing accidents with dangerous goods or other crimes; If it is not serious enough for criminal punishment, it shall be fined not more than 20,000 yuan; If the scale of unlicensed operation is large and the social harm is serious, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; Unlicensed business practices are harmful to human health, have major security risks, threaten public safety and destroy environmental resources. Confiscate tools, equipment, raw materials, products (commodities) and other property specially used for unlicensed operation, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.