Plea of not guilty:
1. Check whether this behavior belongs to business behavior. If the behavior does not belong to business behavior, it does not constitute the crime of illegal business operation.
2, review whether the behavior violates the market order. If the behavior does not infringe or disturb the market order, it is not enough to constitute the crime of illegal business operation.
3, review whether the behavior violates the national franchise system.
4, review whether behavior "in violation of state regulations"
5. The punishment in administrative regulations only stipulates administrative punishment, and the expression of "criminal responsibility shall be investigated according to law if the circumstances are serious" generally cannot be regarded as the crime of illegal business operation.
6. The behavior involved violates the binding provisions in administrative regulations, is not fabricated in the criminal law, and cannot be regarded as the crime of illegal business operation.
7. If the behavior involved does not reach considerable social harm and the necessity of punishment, it cannot be convicted.
Defend the crime of illegal business operation in the following ways:
1。 Claiming that a criminal act is a commercial act. If a so-called business activity is not for profit, but for public welfare or charity, it should be excluded from this crime;
2。 Claiming that the act is not prohibited or restricted by national laws and regulations;
3。 It is argued that this behavior did not seriously disrupt the market order.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 37 of the Criminal Procedure Law is the responsibility of a defender to provide materials and opinions on whether a criminal suspect or defendant is innocent or light, or to reduce or exempt his criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.