The crime of illegal business operation belongs to the type of criminal offence. The object of the crime of illegal business operation should be market order. In order to ensure that the market for buying and selling goods and import and export goods is restricted, the state implements a business license system for the above-mentioned goods. Among them, the import and export license system is an important part of the business license system. Buying and selling import and export licenses and import and export certificates of origin not only violates the market order, but also violates the foreign trade management system. 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. A legally established and responsible unit can also be the subject of the crime of illegal business operation. According to the original intention of this paper, the subject of the crime of illegal business operation refers to the operator. However, under the condition of market economy, all people are engaged in business. If the subject of the crime of illegal business operation is limited to a special subject, then many acts of buying and selling goods, import and export licenses and import and export certificates of origin without any business license will not be punished. Therefore, the subject of the crime of illegal business operation is the general subject. Units can also constitute the subject of the crime of illegal business operation.

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) without permission, the franchise, monopoly of goods or other goods 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;

(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.

Criteria for filing the crime of illegal business operation

In violation of state regulations, illegal business activities, disrupting market order, suspected of one of the following circumstances, should be filed for prosecution. In violation of the relevant provisions of the state on the administration of salt, disrupting the market order, in any of the following circumstances, illegally producing, storing, transporting and selling salt:

1, the amount of salt illegally handled is more than 20 tons;

2. Having been punished twice or more for illegally operating salt, and the amount is more than ten tons. Violation of the laws and regulations of the state on tobacco monopoly management, illegal operation of tobacco monopoly products without the permission of the tobacco monopoly administrative department, and no license for tobacco monopoly production enterprises, tobacco monopoly wholesale enterprises, tobacco monopoly enterprises or tobacco monopoly retail, under any of the following circumstances:

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

2, the illegal operation of more than two hundred thousand 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.