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Criteria for filing the crime of illegally operating foreign exchange
Legal subjectivity:

Answer to the standard of filing a case for the crime of illegal business operations 1 the Supreme People's Procuratorate, Provisions of the Ministry of Public Security on the standard of filing and prosecuting criminal cases under the jurisdiction of public security organs (II) Article 79: (VIII) Engaging in other illegal business operations and having one of the following circumstances: 1. The amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is more than 1 10,000 yuan; 2. The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than100,000 yuan; 3. Although it has not reached the above-mentioned amount standard, it has been subject to administrative punishment twice or more for the same illegal business operation within two years, and the same illegal business operation has been implemented; 4. Other serious circumstances.

Legal objectivity:

Anyone who engages in illegal business activities in violation of state regulations and disrupts market order and is suspected of one of the following circumstances shall be put on file for prosecution: (1) illegally producing, storing, transporting and selling salt in violation of state regulations on salt management and disrupting market order, in any of the following circumstances: 1 The amount of illegal salt business is more than 20 tons; 2. Being subject to administrative punishment for illegally operating salt for more than two times, and the amount of illegally operating salt is more than ten tons. (2) Violating the national laws and regulations on tobacco monopoly administration, illegally dealing in tobacco monopoly products without the permission of the tobacco monopoly administrative department, without the license of tobacco monopoly production enterprise, tobacco monopoly wholesale enterprise, tobacco monopoly franchise enterprise and tobacco monopoly retail license, under any of the following circumstances: 1. The illegal business amount is more than 50,000 yuan, or the illegal income is more than 20,000 yuan; 2. Illegally handling more than 200,000 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. (3) illegally engaging in securities, futures and insurance business, or illegally engaging in fund payment and settlement business without the approval of the relevant competent departments of the state, under any of the following circumstances: 1. Illegally engaging in securities, futures and insurance business, with an amount of more than 300,000 yuan; 2. Illegally engaging in fund payment and settlement business, with an amount of more than 2 million yuan; 3. In violation of state regulations, using point-of-sale terminal equipment (POS machines) and other means to directly pay cash to credit card holders by fictitious transactions, false prices, cash return and other means. The amount is more than 1 million yuan, or the funds of financial institutions are overdue by more than 200,000 yuan, or the economic losses of financial institutions are more than 100,000 yuan; 4. The amount of illegal income is more than 50,000 yuan. (4) Illegal foreign exchange operation in any of the following circumstances: 1. Buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its sub-centers, with an amount of more than US$ 200,000, or with an illegal income of more than RMB 50,000; 2. Companies, enterprises or other units, in violation of the provisions on foreign trade agency business, fraudulently purchase foreign exchange from designated foreign exchange banks for others by illegal means, or knowingly forge or alter vouchers or commercial documents, the amount of which is more than 5 million US dollars or the illegal income is more than 500,000 yuan; 3. Buying foreign exchange by fraud through an intermediary, the amount is more than100000 USD or the illegal income is more than100000 RMB. (5) Publishing, printing, copying and distributing illegal publications that seriously endanger social order and disrupt market order, in any of the following circumstances: 1 The amount of illegal business operation by individuals is more than 50,000 yuan, and the amount of illegal business operation by units is more than150,000 yuan; 2. The amount of illegal income of individuals is more than 20,000 yuan, and the amount of illegal income of units is more than 50,000 yuan; 3. Individuals illegally operate 5000 newspapers or 5000 periodicals or 2000 books or 500 kinds of audio-visual products and electronic publications, and units illegally operate 15000 newspapers or periodicals 15000 books or audio-visual products or electronic publications 1500 kinds; 4. Although it does not meet the above-mentioned amount standard, it has one of the following circumstances: (1) It has been subject to administrative punishment for publishing, printing, copying and distributing illegal publications for more than two times in two years, and has published, printed, copied and distributed illegal publications; (two) publishing, printing, copying and distributing illegal publications, which has caused adverse social impact or other serious consequences. (6) Illegally engaging in publication, printing, reproduction and distribution, which seriously disrupts the market order, under any of the following circumstances: 1. The amount of illegal business operations of individuals is more than 150,000 yuan, and the amount of illegal business operations of units is more than 500,000 yuan; 2. The amount of illegal income of individuals is more than 50,000 yuan, and the amount of illegal income of units is more than 150,000 yuan; 3. Individuals illegally operate newspapers, periodicals 15000 or books, 5000 or audio-visual products and electronic publications 1500, and units illegally operate newspapers, periodicals, 50000 or books 15000 or audio-visual products and electronic publications; 4. Although it does not meet the above-mentioned amount standard, it has been subject to administrative punishment more than twice for illegally engaging in publishing, printing, reproduction and distribution within two years. (7) Engaging in international telecommunications services or engaging in profit-making activities involving telecommunications services in Hong Kong, Macao and Taiwan without authorization by renting international private lines, privately setting up exchange equipment or other means, thus disrupting the management order of the telecommunications market, under any of the following circumstances: 1. Outbound traffic is more than one million yuan; 2. Operating inbound business causes telecom tariff loss of more than one million yuan; 3. Although it does not meet the above amount standard, it has one of the following circumstances: (1) It has been subject to administrative punishment for illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan, and illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan for more than two times in two years; (two) illegal operation of international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan, causing other serious consequences. (8) Engaging in other illegal business activities under any of the following circumstances: 1. The amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is more than 1 10,000 yuan; 2. The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than100,000 yuan; 3. Although it has not reached the above-mentioned amount standard, it has been subject to administrative punishment twice or more for the same illegal business operation within two years, and the same illegal business operation has been implemented; 4. Other serious circumstances.