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The crime of illegal business operation refers to the unauthorized operation of monopoly or monopoly goods or other restricted items, the purchase and sale of import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations, as well as engaging in other illegal business activities, disrupting market order, and the circumstances are serious.
Article 225 of the Criminal Code (amended in accordance with Article 5 of the Criminal Law Amendment (VII)):
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.
Where a unit commits this crime, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of this article.
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There is no crime of illegal profit, and the corresponding crime is the crime of illegal business operation. Your question is not clear, if you have any questions, you can go to the ** in my name to consult me, I hope it can help you!
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The crime of illegal business operation refers to the conduct of the perpetrator to carry out the following illegal business activities, disrupt the market order, and the circumstances are serious:
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 insurance business without the approval of the relevant competent state departments, or illegally engaging in the settlement of capital payments;
4) Other illegal business activities that seriously disrupt market order.
1) Illegal trading of foreign exchange.
2) Illegal operation of publications.
3) Illegal operation of telecommunications business.
4) Add clenbuterol hydrochloride and other items prohibited for use in feed and animal drinking water to the feed produced and sold.
5) Setting up an Internet access service business place (i.e., an Internet café) without permission or engaging in Internet access service business activities without authorization.
6) Illegal operation of lotteries. Legal basis: Article 225 of the Criminal Law, violating 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, and/or a fine of between one and 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
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.
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Illegal business operation refers to the illegal operation of the business activity without special administrative permission for the business activity.
The object of the crime of illegal business operation should be the market order, and in order to ensure the restriction of the market for the sale and purchase of goods and the import and export of goods, the State implements a business licensing system for the above-mentioned goods.
Objectively, it is manifested as the unauthorized operation of franchises, monopoly goods or other restricted items, the purchase and sale of import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated by laws and administrative regulations, as well as engaging in other illegal business activities, disrupting market order, and the circumstances are serious.
The subject of the crime of illegal business operation is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have the capacity for criminal responsibility. The subjective aspect is constituted by intent and has the purpose of obtaining illegal profits.
Legal basis: Article 225 of the Criminal Law, violating 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, and/or a fine of between one and 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
1) Engaging in franchises, monopoly items, or other restricted items as provided for by laws and administrative regulations without the permission of Lu Shu;
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.
Generally speaking, the crime of early targeting of illegal business operation is that the operator still operates without a license or under the premise that the business itself is illegal and criminal. The final constitution is a former offense. The crime is the crime of illegal business operation.
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Illegal business operations in the crime of illegal business operations: (1) Engaging in the operation of 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; (C) without the approval of the relevant competent departments of the State non-Qi sooner or later the law of the operation of certificates, **, insurance business, or illegally engaged in fund payment and settlement business; 4) Other illegal business activities that seriously disrupt market order.
Article 165 of the Criminal Law of the People's Republic of China 68 A director or manager of a state-owned company or enterprise who takes advantage of his position to operate or for others a business of the same kind as the company or enterprise for which he or she works, and obtains illegal benefits, and the amount is huge, shall be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the amount involved is especially huge, the sentence is between three and seven years imprisonment and a concurrent fine.
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The application of the law to the crime of illegal business operation is as follows: Where the perpetrator violates state regulations and disrupts market order, and the circumstances are serious, and the crime of illegal business operation is constituted, article 225 of the Criminal Law shall apply, and a sentence of up to five years imprisonment or short-term detention shall be generally given, and/or a fine of between one and five times the amount of unlawful gains. The object of the crime of illegal business operation should be the market order, and in order to ensure the restriction of the sale and purchase of goods and the market for import and export goods, the state implements a business licensing system for goods.
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, is to be sentenced to up to five years imprisonment or detention for nuclear and slippery labor, 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 stipulated 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.
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If the crime of illegal business operation is generally constituted, if one of the following circumstances occurs, it is a serious circumstance, and if it is convicted and punished for the crime of illegal business operation, the people's court will impose a fixed-term imprisonment of not more than five years or short-term detention and a fine
1. The perpetrator's illegal business operations amount to 50,000 yuan or more, or the amount of illegal gains to reach 10,000 yuan or more;
2. The amount of illegal business operation of the unit or company is more than 500,000 yuan, or the amount obtained through illegal means is more than 100,000 yuan;
3. Although the above-mentioned amount is not reached, but the person who has received more than two administrative penalties for illegal production or sale of gambling machines within two consecutive years, and at the same time carries out the same kind of illegal business.
In any of the following circumstances, it is a "particularly serious circumstance" in the illegal business activities, and is generally sentenced to fixed-term imprisonment of not less than five years, and is punished by a fine or confiscation of property:
1. The perpetrator's illegal business amount is 250,000 yuan or more, or the amount obtained through illegal means is 50,000 yuan or more;
2. The amount of illegal business operations of the unit or company is more than 2.5 million yuan, or the amount of illegal income is more than 500,000 yuan.
Article 225 of the Criminal Law.
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. Operating franchises, monopoly goods or other restricted items stipulated 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. Illegally operating **, **, or insurance business without the approval of the relevant competent state authorities, or illegally engaging in fund payment and settlement business;
4. Other illegal business activities that seriously disrupt the market order. Annihilation and consolidation.
In fact, there are a lot of good songs, the key depends on what kind of mood you use to listen to them, and the more melancholy songs I think are "The Pain of Breathing", "It's Not Worth It", "Don't Cry, My Favorite Person", "Quiet".
What song is this, does anyone know?
A type of grouper, [Flower Tiger].
Boiling water cabbage Cuisine: Sichuan cuisine.
Basic features: This dish is a pictogram dish of Sichuan cuisine, the soup stock is as clear as water, just like fresh and tender cabbage put into boiling water, the soup is clear and delicious, and the cabbage is delicious and delicious. >>>More
I must have encountered something that was difficult for me to solve, and at the same time I lacked a certain amount of courage and wanted to escape by death, which is actually the stupidest way. When there are difficulties, it is best to ask the people around you for advice, and everything will pass.