1. The crime of smuggling precious metals refers to the act of violating customs regulations, evading customs supervision, illegally transporting, carrying and mailing precious metals whose export is prohibited by the state, and undermining the state's foreign trade management. The object of this crime is the system of prohibiting the export of precious metals in the national foreign trade control.
Its object is gold, silver or other precious metals whose export is prohibited by the state. Other precious metals here refer to precious metals such as platinum, iridium, osmium, ruthenium, rhodium, titanium and palladium. Except for gold and silver prohibited by the state.
2. The crime of illegal business operation refers to illegal business operation without permission, such as dealing in franchise, monopoly commodities or other commodities with restricted trading, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, and engaging in other illegal business activities, disrupting market order, and the circumstances are serious.
Subjectively, this crime is intentionally constituted and has the purpose of seeking illegal interests, which are the two main contents of this crime. If the actor buys and sells the business license because he doesn't understand the laws and regulations, he should not be punished as this crime, and the competent department should investigate his administrative responsibility.
Extended data:
Legal gold trading
At present, there are two kinds of legal gold market transactions in China, spot trading and futures trading.
Spot gold mainly refers to gold nuggets (bricks), gold ingots, gold bars and gold coins. Most of the gold transactions newly mined by private or gold mining enterprises are physical transactions. The gold purchased by customers can be stored and transferred by themselves, or entrusted to a gold merchant for safekeeping. Spot transactions are generally delivered immediately after the transaction or completed within two days.
The price of spot gold trading is special, which can be divided into pricing trading and quotation trading in the gold market.
The characteristic of pricing transaction is to provide customers with a single transaction price, that is, there is no bid-ask spread. According to the price of a single transaction, customers can buy and sell freely, and gold merchants only charge a small commission. Quoting transactions are divided into buying price and selling price. Pricing transactions are only valid for a specified period of time, ranging from one minute to one hour, depending on the supply and demand of market customers. The price of gold in other gold markets in the world is based on the pricing level of London market, and then look at the supply and demand situation in this market.
Gold futures trading is not delivered immediately after trading, but both parties sign a contract, pay the deposit and then deliver on the scheduled date.
References:
Baidu Encyclopedia-Crime of smuggling precious metals
References:
Baidu Encyclopedia-Crime of Illegal Trading