Question 30 on illegal operations

If the crime is very serious, hurry up and hire a lawyer.

It's troublesome. If you commit a felony, you will be sentenced to a heavy sentence.

My blog is devoted to the question of how to convict and sentence illegal operations. You can go to learn more about it. In addition, it is advisable to hire a professional criminal defense lawyer to intervene as soon as possible to provide legal assistance and defense. You can contact me further.

It's time to spend money, it's time to find someone.

It's only true to squat in there for a few days.

There is a direct correlation between how the sentence is imposed and the attitude of the relatives who give money.

Legal analysis: Disturbance refers to the unauthorized operation of franchise, monopoly goods or other restricted goods, 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.

Legal basis: Article 225 of the Criminal Law: 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 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: Understanding of Illegal Business Operations: "Operation" in the crime of illegal business operations should refer to the conduct of the perpetrator for the purpose of making profits and pursuing a wide range of market transactions for unspecified targets.

Only by clarifying the qualitative provisions of this act of calling for elimination can it be linked to "illegal" and comprehensively examine the illegality, social harmfulness, and punishment of its behavior. The premise for determining the crime of illegal business operation is that the act complained of is itself a business act, and if it is not a business act, it is either not guilty or may be charged with other crimes.

Legal basis: Article 225 of the Criminal Law of the People's Republic of China and Zhi Zhi Article 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 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 are especially serious, Lu Xiao is to be sentenced to fixed-term imprisonment of not less than five years, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property: (1) Engaging in franchised 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.

Legal analysis: Anyone who violates national regulations by renting international private lines, privately setting up transfer equipment or other methods to operate international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan for profit-making activities without authorization, and is suspected of any of the following circumstances, shall be prosecuted: (1) the amount of outbound call business is more than 1 million yuan; (2) The amount of loss of telecommunications charges caused by the operation of incoming call business is more than 1 million yuan; (3) Although the above-mentioned amount standards are not met, they have received administrative penalties more than twice for illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan, and then carry out illegal business activities.

Legal basis: Article 225 of the Criminal Law of the People's Republic of China: Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, where the circumstances are serious, and the circumstances are especially serious, is to be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined between one and five times the amount of unlawful gains or confiscation of property: (1) Engaging in the operation of franchises, special 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 in the draft of laws and administrative regulations; (3) Without the approval of the relevant competent state departments, illegally operating **, ** or insurance business; (4) Other illegal business operations that seriously disrupt the order of the city.

Article 231: Where a unit commits the crimes provided for in Articles 221 to 230 of this Section, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of each article of this Section.

Illegal business operation refers to the act of the perpetrator engaging in monopoly or monopoly goods or other restricted goods without permission, the import and export license for nuclear slippery trading, the certificate of origin of import and export, and other business licenses or approval documents stipulated by laws and administrative regulations, as well as engaging in other illegal business activities.

Criminal Law of the People's Republic of China

Article 225.

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 not less than five years imprisonment is to be given, and a fine of between one and five times the value 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.

Management is semantically planned and managed (e.g., a company). There are broad and narrow senses of business. Operation in the narrow sense is limited to the operation of the enterprise, and it is a term corresponding to production, specifically referring to the supply and marketing activities other than the production activities of the enterprise.

In a broad sense, management includes six aspects: technical activities (production, manufacturing, processing), business activities (purchase, sale, exchange), financial activities (raising and utilizing capital), security activities (protecting property and personnel), accounting activities (cleaning up property, asset negative chain and debt consolidation, cost, statistics, etc.), and management activities (planning, organizing, commanding, coordinating, controlling). Some people even believe that all human activities are business activities, as long as they are purposeful and conscious activities, they are business activities, that is, through planning (including decision-making, planning), control, organization, implementation and other business functions, so that they can achieve the desired goals (goals) of the activities are business activities. So, how to understand the so-called orange trail operation of the crime of illegal business?

From the perspective of the original legislative intent of the crime of illegal business operation, the purpose of the crime is to maintain the normal market management system, especially the monopoly system and the business license system, and to ensure the normal and orderly operation of market transactions. From the perspective of hermeneutics, the inclusion of an individual's marketing activities in the scope of business does not violate the general possibility of the people, and is also in line with the provisions of Article 225 of the Criminal Law that are naturally applicable to natural persons. However, on this basis, all market activities of enterprises or individuals cannot be recognized as business activities, and the crime of illegal business operation cannot be regarded as a catch-all crime for the crime of undermining the order of the market economy.

The so-called illegality reveals the illegality of business practices. The judgment of illegality needs to be grasped in conjunction with the preconditions set by Article 225 of the Criminal Law for the crime of illegal business operation in violation of state regulations. According to Article 96 of the Criminal Law, the so-called violation of state regulations refers to the violation of laws and decisions formulated by the National People's Congress and its Standing Committee, and the administrative regulations, administrative measures provided, decisions and orders issued.

In this regard, departmental rules, local regulations, and local rules formulated by various ministries and commissions are not the basis for judging the so-called illegality here. Illegal business operations that violate departmental rules, local regulations, or local rules cannot constitute the crime of illegal business operations.

Legal analysis: Illegal business refers to the unauthorized operation of franchises, monopoly items or other restricted items, the purchase and sale of import and export licenses, import and export certificates of origin, and other laws and administrative regulations stipulated in the business license or approval documents, as well as engaging in other illegal business activities, disrupting market order, and the circumstances are serious.

Legal basis: "Criminal Law of the People's Republic of China" Article 225: 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 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: (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 illegal business activities that seriously disrupt market order.