The amount standard for determining the crime of illegal business operation is:
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, although not up to the above amount standard, but within two years due to the same kind of illegal business behavior by administrative punishment for more than two times and the implementation of the same kind of illegal business behavior.
4. Illegally handling more than 200,000 cigarettes;
5. Being subject to administrative punishment for illegally operating tobacco monopoly products for more than two times within three years, and the amount of illegally operating tobacco monopoly products is more than 30,000 yuan;
6, the business amount of one hundred and fifty thousand yuan to three hundred thousand yuan; If the amount of illegal income is more than 50,000 yuan to less than 100,000 yuan, it is "the circumstances are particularly serious";
7. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income;
8. 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 the illegal income, or his property shall be confiscated.
The illegal business operations are as follows:
1. Without permission, engaging in franchise or monopoly commodities or other commodities whose operation is restricted by laws and administrative regulations;
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;
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;
4. Other illegal business operations that seriously disrupt the market order.
To sum up, those who illegally operate in violation of state regulations and disrupt market order will be punished accordingly if the circumstances are serious.
Legal basis:
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.