How should the crime of illegal business operation be punished, and how should the crime of illegal

The crime of illegal business operation refers to the crime of violating state regulations and committing one of the following illegal business activities:

1) Engaging in franchises, monopoly items, or other restricted items as provided for 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) Without the approval of the relevant competent state departments, illegally operating **, ** or insurance business, or illegally engaging in fund settlement business;

4) Engaging in other illegal business activities, disrupting market order, and the circumstances are serious.

The question of how to punish illegal operations:

1. Where a natural person commits a crime, he is to be sentenced to up to five years imprisonment or short-term detention and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given;

2. Where a unit commits a crime, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be investigated for criminal responsibility in accordance with the provisions of this article.

Legal basis]: The crime of illegal business operation, according to Article 225 of the Criminal Law of the People's Republic of China, refers to the crime of violating national regulations and committing one of the following illegal business activities:

1) Engaging in franchises, monopoly items, or other restricted items as provided for 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) Without the approval of the relevant competent state departments, illegally operating **, ** or insurance business, or illegally engaging in fund settlement business;

4) Engaging in other illegal business activities, disrupting market order, and the circumstances are serious.

What is the sentencing standard for the crime of illegal business operation?

Sentencing standards for the crime of illegal business operation: In any of the following circumstances, it is a "serious circumstance":

1. Personal illegal gains of more than 30,000 yuan but less than 100,000 yuan, or illegal income of units of more than 100,000 yuan but less than 300,000 yuan;

2. Personal illegal income of more than 30,000 yuan but less than 100,000 yuan, or illegal income of unit between 100,000 yuan and 300,000 yuan;

3. Individuals illegally operating more than 500 newspapers but less than 15,000 copies, or more than 5,000 periodicals but less than 15,000 copies, or more than 2,000 books but less than 5,000 books, or more than 500 (boxes) of audio-visual products and electronic publications but less than 1,500 (boxes);

4. Units illegally operate more than 15,000 but less than 50,000 newspapers, or more than 15,000 periodicals but less than 50,000 copies, more than 5,000 books but less than 15,000 books, or more than 1,500 (boxes) of audio-visual products and electronic publications but less than 5,000 (boxes);

5. Reaching more than 50% of the starting point standards of the first four items, and having received administrative punishment more than twice within two years for publishing, printing, reproducing, or distributing illegal publications, or causing a bad social impact, or other serious consequences.

The penalties for the crime of illegal business operation are:

Where there are circumstances of illegal business operations provided for in Criminal Law article 225, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains is to be given; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given;

Legal basisArticle 225 of the Criminal Law of the People's Republic of China.

Whoever violates state provisions by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given;

1) Engaging in monopoly or monopoly goods or other restricted items as provided for 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 provided for by laws and administrative regulations;

3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;

4) Other illegal business activities that seriously disrupt market order.

Legal analysis: The punishment for the crime of illegal business operation is analyzed from two legal perspectives: 1. If a natural person commits the crime, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; where the circumstances are especially serious, the sentence is to be five or more years imprisonment and a concurrent fine or confiscation of property; 2. Where a unit commits a crime, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be investigated for criminal responsibility in accordance with the provisions of this article.

Legal basis: Article 225 of the Criminal Law of the People's Republic of China: Where state regulations are violated by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given: (1) Engaging in the operation of monopoly or monopoly items or other restricted items as provided for by laws or 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 provided for by laws and administrative regulations; 3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business; (4) Other acts of illegal business that seriously disrupt market order.

Legal analysis: Whoever commits the crime of illegal business operation shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and/or a fine of not less than one time but not more than five times the amount of illegal gains. In order to ensure that the market is restricted from buying and selling goods and the market for imports and exports, the State implements a business licensing system for goods.

Legal basis: "Criminal Law of the People's Republic of China" Article 225 Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, shall be sentenced to up to five years imprisonment or short-term detention of Yu Chanheng, and/or a fine of between one and five times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given;

1) Engaging in monopoly or monopoly goods or other restricted items as provided for 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 provided for by laws and administrative regulations;

3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;

4) Other illegal business activities that seriously disrupt market order.

Punishment standards for the crime of illegal business operation: If the perpetrator commits the crime of illegal business operation and the circumstances are serious, the court will be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and/or a fine of not less than one time but not more than five times the amount of illegal gains; where the circumstances of their crime are especially serious, they are to be sentenced to fixed-term imprisonment of not less than five years by the court in accordance with law, and a fine of between 1 and 5 times the amount of unlawful gains or confiscation of property. The crime of illegal business operation refers to the fact that the perpetrator carries out the illegal business activities described in the Criminal Law, thereby constituting a crime of shutting down the limbs.

Criminal Law of the People's Republic of China

Article 225.

Where the crime of illegal economic sliding violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains;

where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given;

1) Engaging in monopoly or monopoly goods or other restricted items as provided for 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 provided for by laws and administrative regulations;

3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;

4) Other illegal business activities that seriously disrupt the market order.

The crime of illegal business operation shall be dealt with as follows: if there is any disruption to the order of the market, and the circumstances are serious, a sentence of not more than five years imprisonment or short-term detention shall be given, and/or a fine of not less than one time but not more than five times the amount of illegal gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given; Engaging in franchises, monopoly items, or other restricted items as prescribed by laws and administrative regulations without permission; 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; Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business; Other illegal business activities that seriously disrupt the market order.

Those who have the above behaviors are found to be illegal business operations.

Article 225 of the Criminal Law of the People's Republic of China: Where state provisions are violated by any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given: (1) Engaging in the operation of monopoly or monopoly goods or other restricted items as provided for by laws or 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 provided for by laws and administrative regulations; 3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business; 4) Other illegal business activities that seriously disrupt market order.