According to Article 225 of the Criminal Law of the People's Republic of China and the People's Republic of China, the crime of illegal business operations refers to a crime that violates national regulations and commits one of the following illegal business activities.
1. Operating special items or other restricted items stipulated in laws and administrative regulations without permission;
2. Buying and selling import and export licenses, import and export origins Certificates and other business licenses or approval documents stipulated in laws and administrative regulations;
3. Illegal operation of securities, futures or insurance business, or illegal fund settlement business without approval of the relevant national competent authorities ;
4. Engaging in other illegal business activities, disrupting market order, and committing serious acts.
II. Sentencing Standards for the Crime of Illegal Dealing in Chemicals
Illegal dealing in hazardous chemicals may violate the crime of illegal manufacturing, trading, transporting and storing hazardous substances as stipulated in Article 125 of the Criminal Law , who commits this crime shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
Any use of hazardous chemicals in violation of national restrictions on the use of hazardous chemicals shall be dealt with in accordance with the provisions of paragraph 1 of this article.
Article 77 of the Criminal Law: Engage in the production of hazardous chemicals without obtaining a hazardous chemicals safety production license in accordance with the law, or engage in the production of hazardous chemicals and their packaging and containers without obtaining an industrial product production license in accordance with the law Production shall be punished in accordance with the provisions of the "Regulations on Production Safety Licenses" and the "Regulations of the People's Republic of China on the Administration of Industrial Product Production Licenses".
If a chemical enterprise violates the provisions of these Regulations and uses hazardous chemicals in production without obtaining a safe use license for hazardous chemicals, the production safety supervision and management department shall order it to make corrections within a time limit and impose a fine of not less than 100,000 yuan but not less than 200,000 yuan. The following fines shall be imposed; those who fail to make corrections within the time limit shall be ordered to suspend production for rectification.
Anyone who violates the provisions of these Regulations and engages in the business of hazardous chemicals without obtaining a hazardous chemicals business license shall be ordered by the work safety supervision and management department to stop business activities, the hazardous chemicals illegally operated and illegal income shall be confiscated, and A fine of not less than RMB 100,000 but not more than RMB 200,000 shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
3. How to punish the crime of illegal business operation of hazardous chemicals
The illegal operation of hazardous chemicals constitutes the crime of illegal business operation. The fourth item applies. According to the "Supreme People's Procuratorate and the Ministry of Public Security's Economic Crime Cases" "Provisions on Prosecution Standards", those who engage in other illegal business activities and are suspected of one of the following circumstances shall be prosecuted:
1. The amount of individual illegal business operations is more than 50,000 yuan, or the amount of illegal income is 10,000 yuan or above;
2. The amount of illegal business operations of the unit is more than 500,000 yuan, or the amount of illegal income is more than 100,000 yuan.