Crime of illegal business operation [interpretation]

This crime refers to the unauthorized operation of articles, licenses or approvals that restrict operations and transactions, as well as other illegal business operations such as telecommunications, securities and futures industries that disrupt market order and have serious circumstances. [Criminal Law Provisions]

Article 225

Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, 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 the illegal income or his property shall be confiscated: (1) dealing in monopoly commodities or other commodities whose trading 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; (3) illegally engaging in securities, futures or insurance business without the approval of the relevant competent department of the state; (four) other illegal business activities that seriously disrupt the order of the city. Article 23 1

Where a unit commits the crimes specified in Articles 221 to 230 of this section, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of each article of this section. [description]

First, the subject of this crime is the general subject, including individuals or units.

Second, the subjective aspect of this crime is intentional, and negligence does not constitute this crime.

Third, this crime is the crime of speculation and profiteering decomposed in 1979 Criminal Law and the new Criminal Law, so this crime is a newly established crime.

Four, the amount of illegal business crime "serious" and "especially serious" is now limited to cases of illegal publications, illegal trading of foreign exchange and illegal operation of telecommunications business, and there is no standard for other cases.

5. The Criminal Law Amendment adds Item (3) of Article 225th of the Criminal Law.

Judging from the above provisions, coal is not a state monopoly commodity. If there are no serious consequences, it is not enough to constitute this crime.