1. Criminal Law Provisions on the Crime of Illegal Business Article 225 Whoever commits the crime of illegal business violates state regulations and commits one of the following illegal business behaviors, disrupts market order, and the circumstances are serious, shall be sentenced to a fixed-term imprisonment of not more than five years Imprisonment or criminal detention, and a fine of not less than one time but not more than five times the illegal income, or a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than five years and a fine of not less than one time but not more than five times the illegal income or property confiscation: (1) Failure to do so: Those who are licensed to operate special items, monopoly items or other restricted items as stipulated in laws and administrative regulations; (2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated in laws and administrative regulations ; (3) Illegal operations of securities, futures, and insurance businesses without approval from relevant state authorities, or illegal activities of fund payment and settlement business; (4) Other illegal business activities that seriously disrupt market order.

2. The crime of illegal business operations and disrupting market order when preventing and controlling emergencies of infectious diseases 1. The Supreme People's Court and the Supreme People's Procuratorate regarding the handling of criminal cases that impede the prevention and control of emergencies of infectious diseases and other disasters Interpretation of Several Issues in the Specific Application of Laws 2003 Article 6 Violates state regulations on market operations, price management, etc. during the prevention and control of sudden infectious disease epidemics and other disasters, drives up prices, makes huge profits, seriously disrupts market order, and obtains a large amount of illegal gains Or if there are other serious circumstances, in accordance with the provisions of Article 225 (4) of the Criminal Law, he will be convicted of illegal business operations and severely punished in accordance with the law. 2. Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on the legal punishment of illegal crimes that hinder the prevention and control of the new coronavirus-infected pneumonia epidemic (4) Strictly punish the crime of price gouging in accordance with the law. During the epidemic prevention and control period, in violation of relevant national market operations, price management and other regulations, hoarding, driving up the prices of masks, goggles, protective clothing, disinfectant and other protective supplies, medicines or other items related to people's livelihood that are urgently needed for epidemic prevention and control, and making huge profits , if the amount of illegal gains is relatively large or there are other serious circumstances that seriously disrupt the market order, they will be convicted and punished for the crime of illegal business in accordance with the provisions of Article 225, Paragraph 4 of the Criminal Law.

3. The Notice of the Supreme People's Procuratorate and the Ministry of Public Security on the Issuance of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for the Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Agencies (II)" (Public Public Security Bureau) Tongzi [2010] No. 23) 2010

Article 79 [Illegal Business Case (Criminal Law Article 225)] Violates state regulations, conducts illegal business activities, and disrupts market order, Anyone suspected of any of the following circumstances shall be prosecuted: (1) Violating the relevant national salt industry management regulations, illegally producing, storing, transporting, and selling salt, disrupting market order, and meeting any of the following circumstances: 1. The quantity of illegally operated salt is within More than twenty tons; 2. Those who have received more than two administrative penalties for illegally selling salt and illegally sell salt in a quantity of more than ten tons. (2) Violating national tobacco monopoly management laws and regulations, without permission from the tobacco monopoly administrative department, without a tobacco monopoly production enterprise license, tobacco monopoly wholesale enterprise license, special tobacco monopoly business enterprise license, tobacco monopoly retail license, etc. Prove that the illegal operation of tobacco monopoly products falls under one of the following circumstances: 1. The amount of illegal operation is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan; 2. The illegal operation of cigarettes is more than 200,000 pieces; 3. .Have been subject to more than two administrative penalties within three years for illegally operating tobacco monopoly products, and have also illegally operated tobacco monopoly products with an amount of more than 30,000 yuan.

(3) Illegal operation of securities, futures, and insurance business, or illegal fund payment and settlement business without approval of the relevant state authorities, and any of the following circumstances: 1. Illegal operation of securities, futures, or insurance business, the amount of which exceeds 30 More than 10,000 yuan; 2. Illegally engaging in fund payment and settlement business, with the amount exceeding 2 million yuan; 3. Violating national regulations, using point-of-sale terminals (POS machines) and other methods to make fictitious transactions, false prices, cash Direct cash payments to credit card holders through returns and other methods, the amount of which exceeds one million yuan, or causes the financial institution's funds to exceed 200,000 yuan to be overdue, or causes financial institutions to suffer economic losses of more than 100,000 yuan; 4. The amount of illegal income exceeds 50,000 yuan. (4) Illegal foreign exchange operations, which fall under any of the following circumstances: 1. Buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its branches, with an amount exceeding 200,000 U.S. dollars, or illegal gains exceeding 50,000 U.S. dollars Above; 2. A company, enterprise or other unit violates the regulations on foreign trade agency business, uses illegal means, or knowingly forges or alters vouchers or commercial documents to fraudulently purchase foreign exchange from a designated foreign exchange bank for others, with an amount of more than 500 yuan. The amount of illegal gains is more than 100,000 US dollars or the amount of illegal gains is more than 500,000 yuan; 3. The amount of foreign exchange fraudulently purchased by intermediaries is more than 1 million US dollars or the amount of illegal gains is more than 100,000 yuan. (5) Publish, print, copy, and distribute illegal publications that seriously endanger social order and disrupt market order, and meet one of the following circumstances: 1. If an individual's illegal business amount is more than 50,000 yuan, the unit's illegal business amount is more than 150,000 yuan. More than 10,000 yuan; 2. The amount of illegal income for an individual is more than 20,000 yuan, and the amount of illegal income for an organization is more than 50,000 yuan; 3. An individual illegally operates 5,000 newspapers or 5,000 periodicals or 2,000 books or audio-visual products If there are more than 500 sheets (boxes) of products or electronic publications, the unit shall illegally operate 15,000 copies of newspapers or 15,000 copies of periodicals or 5,000 volumes of books or 1,500 sheets (boxes) of audio-visual products or electronic publications. or above; 4. Although the above amount standard is not reached, one of the following circumstances applies: (1) Having received administrative penalties more than twice within two years for publishing, printing, copying, or distributing illegal publications, and then publishing, printing, or copying , distributing illegal publications; (2) causing adverse social impact or other serious consequences due to publishing, printing, copying, or distributing illegal publications. (6) Illegal engagement in the publishing, printing, reproduction, and distribution of publications, seriously disrupting the market order, and any of the following circumstances: 1. If an individual's illegal business amount is more than 150,000 yuan, the unit's illegal business amount is more than 500,000 yuan; More than 10,000 yuan; 2. The illegal income of an individual is more than 50,000 yuan, and the illegal income of an organization is more than 150,000 yuan; 3. An individual illegally operates 15,000 newspapers or 15,000 periodicals or books The unit illegally operates 5,000 copies of newspapers or 50,000 copies of periodicals or 15,000 books or 5,000 copies of audio-visual products or electronic publications. (box) or more; 4. Although the above-mentioned amount standard has not been reached, the person has been subject to administrative penalties two or more times within two years for illegally engaging in the publishing, printing, copying, and distribution of publications, and has also illegally engaged in the publishing, printing, and copying of publications. , issuance business. (7) Leasing international dedicated lines, setting up private switching equipment or other methods to operate international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan without authorization for profit-making activities, disrupting the management order of the telecommunications market, and falling under any of the following circumstances: 1. Operating outbound calls The amount of business is more than one million yuan; 2. The amount of telecommunications tariff losses caused by operating incoming call business is more than one million yuan; 3. Although the above amount standard is not reached, one of the following circumstances exists: (1) Two Received administrative penalties more than twice during the year for illegally operating international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan, and illegally operating international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan; (2) For illegally operating international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan Behavior causing other serious consequences.

(8) Engage in other illegal business activities and fall under any of the following circumstances: 1. The illegal business amount of an individual is more than 50,000 yuan, or the illegal income amount is more than 10,000 yuan; 2. The illegal business amount of an unit is more than 500,000 yuan or above, or the amount of illegal income is more than 100,000 yuan; 3. Although the amount does not reach the above-mentioned standard, but has been subject to two or more administrative penalties for the same type of illegal business behavior within two years, and has carried out the same type of illegal business behavior again; 4. Others Serious situation.

IV. The crime of illegal business operations: illegal buying and selling of foreign exchange. The Decision of the Standing Committee of the National People’s Congress on Punishing the Crimes of Fraudulent Purchase of Foreign Exchange, Foreign Exchange Evasion and Illegal Trading of Foreign Exchange in 1998. IV. Illegal buying and selling of foreign exchange outside the trading venues prescribed by the state, disrupting If the circumstances are serious, the person shall be convicted and punished in accordance with the provisions of Article 225 of the Criminal Law. If a unit commits the crime in the preceding paragraph, it shall be punished in accordance with the provisions of Article 231 of the Criminal Law.

5. The crime of illegal business is illegally engaging in fund payment and settlement business. Article 225 of the Criminal Law of the People's Republic of China and the Eighth Amendment to the Criminal Law of the People's Republic of China has added one item as the third item: "without authorization." Illegal operation of securities, futures or insurance business with the approval of the relevant national competent authorities;" The original third item is changed to the fourth item. Amendment (7) to the Criminal Law of the People's Republic of China and the People's Republic of China 5. Amend the third paragraph of Article 225 of the Criminal Law to read: "Whoever illegally operates securities, futures, or insurance business without the approval of the relevant competent authorities of the state, or illegally Engaged in fund payment and settlement business;"

6. Illegal Business Crime: Illegal Trading of Wild Animals Related Documents Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Wildlife Resources 2000 Article 9 Forgery , altering, buying and selling wildlife import and export certificates, franchise hunting licenses, hunting licenses, domestication and breeding licenses and other official documents issued by state agencies, which constitutes a crime, shall be subject to the provisions of Article 280, Paragraph 1, of the Criminal Law. Convicted and punished for the crime of forging, altering, buying and selling official documents and documents of state agencies. If the above-mentioned conduct constitutes a crime and also constitutes the crime of illegal business operation as stipulated in Paragraph 2 of Article 225 of the Criminal Law, he shall be convicted and punished in accordance with the provisions of heavier penalties.

7. The Crime of Illegal Business: Illegal Business in Tobacco. Minutes of the 2003 Symposium on Legal Issues Applicable to the Criminal Cases of Counterfeiting and Substandard Tobacco Products. License, without a production license, wholesale license, or retail license, but produces, wholesales, or retails tobacco products under any of the following circumstances, he shall be convicted and punished in accordance with the provisions of Article 225 of the Criminal Law: 1. Illegal business operation by an individual The amount is more than 50,000 yuan, or the amount of illegal income is more than 10,000 yuan; 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; 3. The amount of illegal business operations has been Those who have received two or more administrative penalties for tobacco products and are operating illegally, and the illegal operating amount is more than 20,000 yuan. 4. Regarding the issue of rape offenders, those who know or should know that others have committed the criminal acts stipulated in Articles 1 to 3 of this "Minute" but still commit one of the following acts shall be deemed as a rape offender and be held criminally responsible in accordance with the law. : 1. Directly participate in the production and sale of counterfeit and shoddy tobacco products or sell counterfeit tobacco products with registered trademarks, or directly participate in the illegal operation of tobacco products and play a major role in it; 2. Provide houses, venues, equipment, vehicles, loans, Funds, account numbers, invoices, certificates, technology and other facilities and conditions are used to help produce, sell, store, transport counterfeit and shoddy tobacco products, and illegally operate tobacco products; 3. Transport counterfeit and shoddy tobacco products. If any of the above-mentioned persons report others' crimes and are verified to be true, or provide important clues, and have performed meritorious services, they may be given a lighter or reduced punishment; if they have performed major meritorious services, they may be given a lighter punishment or be exempted from punishment.

5. The issue of punishment for state agency staff who participate in the implementation of criminal acts stipulated in Articles 1 to 3 of this "Minute" is based on the "Several Issues on the Specific Application of Laws in Handling Criminal Cases of Production and Sale of Counterfeit and Substandard Products" by the Supreme People's Court and the Supreme People's Procuratorate. According to the provisions of the Interpretation, state agency staff who participate in the commission of criminal acts stipulated in Articles 1 to 3 of this "Minutes" shall be severely punished. 6. Regarding the issue of one crime and multiple crimes. If the perpetrator's criminal behavior also constitutes the crime of producing and selling counterfeit and inferior products, the crime of selling goods with counterfeit registered trademarks, the crime of illegal business operations, etc., he shall be convicted and punished in accordance with the provisions of heavier penalties. 7. Regarding the conviction and punishment of harboring and transferring illegally manufactured and sold tobacco products. Anyone who knowingly harbors or transfers illegally manufactured and sold tobacco products shall be convicted of the crime of harboring and transferring stolen goods in accordance with the provisions of Article 312 of the Criminal Law. punishment. 8. Concerning the issue of conviction and punishment for obstructing tobacco monopoly law enforcement personnel from performing their duties in accordance with the law by means of violence and threats. Those who obstruct tobacco monopoly law enforcement personnel from performing their duties in accordance with the law by means of violence and threats shall be punished with obstruction in accordance with the provisions of Article 277 of the Criminal Law. Convictions and penalties for official crimes. 9. Regarding the issue of conviction and punishment for inciting the masses to violently resist the enforcement of the tobacco monopoly law. Anyone who incites the masses to violently resist the enforcement of the tobacco monopoly law shall be convicted and punished for the crime of inciting violent resistance to the enforcement of the law in accordance with the provisions of Article 278 of the Criminal Law. 10. Regarding the identification of counterfeit and shoddy tobacco products, tobacco product quality supervision and inspection agencies at or above the provincial level authorized by the national tobacco monopoly administrative department shall follow the management measures for identification and inspection of counterfeit and shoddy cigarettes and counterfeit and shoddy cigarettes formulated by the State Tobacco Monopoly Administration. Identification and inspection procedures and other relevant regulations shall be carried out. The identification of counterfeit and shoddy special tobacco machinery shall be carried out by the national quality supervision department, or the National Tobacco Quality Supervision and Inspection Center entrusted by it, in accordance with the relevant technical standards of the tobacco industry. 11. Regarding the scope of tobacco products and cigarettes: Tobacco products as mentioned in these minutes refer to cigarettes, cigars, cut tobacco, recured tobacco leaves, tobacco leaves, cigarette paper, filter rods, and cigarette tows. Cigarettes mentioned in these minutes include loose cigarettes and finished cigarettes.

8. Illegal lending as a crime of illegal business operations Opinions of the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security and Ministry of Justice on Several Issues in Handling Criminal Cases of Illegal Lending 2019 In order to punish illegal lending criminal activities in accordance with the law and effectively maintain the order of the national financial market Harmony and stability with society, effectively preventing gang-related and other illegal and criminal activities caused by illegal lending, and protecting the legitimate rights and interests of citizens, legal persons and other organizations. In accordance with the provisions of the Criminal Law, Criminal Procedure Law and relevant judicial interpretations and normative documents, the The following opinions are put forward on several issues in handling criminal cases of illegal lending: 1. Violating national regulations, without approval of regulatory authorities, or exceeding the scope of business, for the purpose of profit, regularly issuing loans to unspecified objects in society, disrupting the order of the financial market, and the circumstances In serious cases, in accordance with the provisions of Article 225 (4) of the Criminal Law, they will be convicted and punished for the crime of illegal business operations. "Regularly extending loans to unspecified objects in society" in the provisions of the preceding paragraph refers to lending funds to unspecified multiple people (including units and individuals) more than 10 times in the form of loans or other names within 2 years. If the repayment period is extended after the loan expires, the number of loan disbursements will be calculated as one. 2. Implementing illegal lending behavior that complies with the provisions of Article 1 of these Opinions at an actual annual interest rate exceeding 36, and any of the following circumstances falls into the category of "serious circumstances" stipulated in Article 225 of the Criminal Law, but a single illegal lending If the actual annual interest rate of the act does not exceed 36, it shall not be included in the conviction and sentencing: (1) The cumulative amount of illegal lending by individuals is more than 2 million yuan, and the cumulative amount of illegal lending by units is more than 10 million yuan; (2) The amount of illegal income of individuals If the total amount of illegal income is more than 800,000 yuan, the total illegal income of the unit is more than 4 million yuan; (3) The total number of illegal loan recipients for individuals is more than 50, and the total number of illegal loan recipients for the unit is more than 150; (4) The total number of illegal loans is more than 150; (4) The total amount of illegal loans is more than 4 million yuan; serious consequences such as suicide, death or mental disorder of the person or his close relatives.

Anyone who has one of the following circumstances is considered a "particularly serious case" as stipulated in Article 225 of the Criminal Law: (1) The cumulative amount of illegal lending by individuals exceeds 10 million yuan, and the cumulative amount of illegal lending by entities exceeds 50 million yuan. ; (2) If the cumulative amount of illegal income of an individual exceeds 4 million yuan, the cumulative amount of illegal income of an entity exceeds 20 million yuan; (3) If the cumulative amount of illegal lending to an individual exceeds 250, the cumulative amount of illegal lending to an entity exceeds 750 Above; (4) Causes particularly serious consequences such as suicide, death or mental disorder of multiple borrowers or their close relatives. 3. If the amount of illegal lending, the amount of illegal income, and the number of illegal lending objects are close to the amount and quantity threshold standards for "serious circumstances" and "particularly serious circumstances" stipulated in Article 2 of these Opinions, and have one of the following circumstances, they may be identified as "Serious circumstances" and "particularly serious circumstances": (1) Those who have received administrative penalties for illegal lending more than 2 times within 2 years; (2) Those who have carried out illegal lending more than 10 times with an actual annual interest rate exceeding 72. The "closeness" in the provisions of the preceding paragraph should generally be controlled at more than 80% of the corresponding amount and quantity standard. 4. Those who only lend funds to specific objects such as relatives, friends, and internal personnel of the unit shall not be convicted and punished according to the provisions of Article 1 of these Opinions. However, if one of the following circumstances occurs, the act of illegal lending to unspecified objects shall be dealt with together when convicted and sentenced: (1) Loans are extended to unspecified objects through specific objects such as relatives, friends, internal personnel of the unit, etc.; (2) Loans are extended to unspecified objects in the name of For the purpose of making loans, absorb social personnel as internal personnel of the unit and issue loans to them; (3) Publicly publicize to the society and simultaneously issue loans to unspecified people, relatives, friends, internal personnel of the unit, etc. amp；nb