The so-called speculation is the identification and evaluation of some disorderly and anomie economic phenomena. In different periods, it was an important social and economic phenomenon. The rise and fall of the crime of speculation is accompanied by the formation and strengthening of the planned system, and the establishment and gradual improvement of the market order is one of the signs of the economic operation situation and the path of system transformation. Generally speaking, there are three levels of objective reference: first, illegal acts such as hoarding, price manipulation, making and selling fake goods will be punished to varying degrees in any social form and any historical period; Secondly, it refers to underground industrial and commercial activities outside the planned economic order, which is an important trend of class struggle and has been hit hard; Third, it refers to various rent-seeking activities that broke out during the period of economic system transition to earn the difference between quotation and market price.

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.