1, illegal business may not be convicted. To judge whether a business operation that violates the relevant provisions of administrative management constitutes a crime of illegal business operation, we should consider whether the business operation seriously disrupts the market order. Although it violates the relevant provisions of administrative management, but it does not seriously disrupt the market order, it should not be considered as the crime of illegal business operation. If the actor buys and sells the business license because he doesn't understand the laws and regulations, he should not be punished as the crime of illegal business operation, and the competent department should investigate his administrative responsibility.

2. Legal basis: Article 225th of the Criminal Law 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.

Second, what are the constitutive elements of the crime of illegal business operation?

1. Object elements: The object of the crime of illegal business operation is the state market management system that restricts the sale and purchase of commodities and business licenses;

2. Objective requirements: engaging in franchise, monopoly goods 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, and engaging in other illegal business activities that disrupt market order and have serious circumstances;

3. Subject elements: the subject of the crime of illegal business operation is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have criminal responsibility ability. The unit can also be the subject of this crime. Usually, it means that a normal person who has reached the age of 16 constitutes the crime of illegal business operation, while a person who has not reached the age of 16 or a mental patient cannot constitute the crime of illegal business operation. The so-called "unit" refers to all kinds of companies, enterprises, institutions and other legal persons and organizations;

4. Subjective elements: the subjective aspect of the crime of illegal business operation is intentional and has the purpose of seeking illegal interests.