What Are the Different Types of Illegal Businesses?

The crime of illegal business, according to Article 225 of the Criminal Law of the People's Republic of China, refers to a crime that violates state regulations and has one of the following illegal business behaviors: (1) franchising in accordance with laws and administrative regulations without permission 2. Monopoly items or other items that are restricted in trading; (2) import and export licenses, import and export certificates of origin, and business licenses or approval documents required by other laws and administrative regulations; (3) without the approval of the relevant state authority , Illegally engaged in securities, futures or insurance business, or illegally engaged in fund settlement business; (4) engaging in other illegal business activities, disrupting market order, and serious circumstances.

Crime of illegal business

The crime of illegal business, according to Article 225 of the Criminal Law of the People's Republic of China, refers to a crime that violates state regulations and has one of the following illegal business behaviors: (1) franchising in accordance with laws and administrative regulations without permission , Monopoly items or other items with restricted sales; (2) sales

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According to relevant regulations, where acts of illegal audiovisual products under the Business Law constitute a crime, they should be based on the specific circumstances of the case and in accordance with the Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Publications, and the Supreme People's Procuratorate, Public Security The relevant provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Prosecution and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II) are handled.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of the Law in the Trial of Criminal Cases of Illegal Publications, which came into effect on December 23, 1998, Article 11 of which stipulates: "Publishing, printing, duplicating, issuing this interpretation in violation of state regulations Serious hazards other than those specified in Articles 1 to 10

The provisions of Article 225 of the Criminal Law on the crime of illegal business can only be applied to illegal business operations that disrupt the market order and have serious circumstances. Nor can the application of the fourth item of this article depart from this basic premise. Therefore, for a certain harmful behavior not explicitly stipulated in the criminal law, if it is punished with the crime of illegal business, the following conditions must be met:

1,

1. For natural persons, they shall be sentenced to fixed-term imprisonment of not more than five years or detained, and shall be sentenced to a single or single penalty of not less than one to five times the illegal income; if the circumstances are particularly serious, they shall be sentenced to more than five years of imprisonment, and their illegal income shall be doubled. Fines or confiscation of property.

2. If the unit commits a crime, the unit shall be sentenced.

According to the relevant provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Provisions on the Standards for Prosecution of Economic Crimes, if an illegal business case meets one of the following circumstances, it shall be prosecuted:

I. Violating national regulations, using international leased lines, privately-installed switching equipment, or other methods to conduct international telecommunications business or to engage in profit-making activities involving Hong Kong, Macao, and Taiwan telecommunications business without authorization. Prosecution should be pursued in one of the following circumstances: (1) Operation The amount of outgoing calls is more than 1 million yuan; (2) The amount of telecommunication tariff losses caused by the operation of incoming calls is more than 1 million yuan; (3) Although it does not meet the above amount standards, it is because of illegal operation of international telecommunications services or related to Hong Kong and Macao The telecommunications business in Taiwan has been subjected to administrative penalties more than twice and has conducted illegal business activities.

2. Illegal foreign exchange business shall be prosecuted if one of the following circumstances is suspected:

(1) Trading foreign exchange outside the designated foreign exchange bank, China Foreign Exchange Trading Center and its sub-centers, with an amount of more than 200,000 US dollars, or illegal income of more than 50,000 yuan;

(2) A company, enterprise or other unit violates the relevant foreign trade agency business regulations by using illegal means or knowingly forged or altered vouchers or commercial documents to defraud foreign exchange purchases from a designated foreign exchange bank for more than USD 5 million. , Or the amount of illegal income is more than 500,000 yuan;

(3) Intermediate introduction of fraudulent purchases of foreign exchange of more than US $ 1 million or illegal income of more than 100,000 yuan.

3. Illegal publications are published, printed, reproduced, or distributed in violation of state regulations, and any one of the following circumstances shall be prosecuted:

1. Individuals with an illegal business amount of more than 50,000 yuan, and units with an illegal business amount of more than 150,000 yuan;

2. Individuals with illegal income of more than 20,000 yuan and units with illegal income of more than 50,000 yuan; individuals illegally operating 5,000 newspapers or 5,000 periodicals or 2000 books or 500 audiovisual products and electronic publications (boxes) Above,

3. The unit illegally operates 15,000 copies of newspapers or 15,000 copies of periodicals or 5,000 volumes of books or 1,500 audiovisual products and electronic publications (boxes).

4. If the securities, futures or insurance business is illegally operated without the approval of the relevant state authority, the amount of the illegal business is more than 300,000 yuan, or the amount of illegal income is more than 50,000 yuan, shall be prosecuted.

5. Individuals or units engaged in other illegal business activities shall be prosecuted if they are suspected of one of the following circumstances: (1) the amount of illegal business of the individual is more than 50,000 yuan, or the amount of illegal income is more than 10,000 yuan; (2) the unit The amount of illegal business is more than 500,000 yuan, or the amount of illegal income is more than 100,000 yuan.

Illegally operating salt

[Reference point of statutory standard sentence of fixed-term imprisonment, detention, and single penalty]

Those who illegally deal with more than 20 tons and less than 30 tons of salt shall be sentenced to detention or fines. Those who illegally deal with 30 tons of salt will be sentenced to one year in prison, and each additional 6 tons will increase their sentence by one year.

Those who have been subjected to more than two administrative penalties for illegally operating salt, and illegally operating 10 tons of salt, will be sentenced to six months' imprisonment, and each additional two tons will increase the sentence by six months.

[Reference point of statutory standard sentence of imprisonment for more than five years]

Illegal business of 50 tons of salt is five years' imprisonment, and each additional 10 tons increases the sentence by one year.

Those who have been subjected to more than two administrative penalties for illegally operating salt and illegally operating 25 tons of salt are sentenced to five years' imprisonment, and each additional 10 tons increases the sentence by one year.

[Reference Point of Statutory Benchmark Penalties for Units Responsible for Crimes]

[Special provisions for promotion and sentencing]

Recidivists, who use the consignment to sell salt as illegal agents, and who are proposed to be fined according to the aforementioned statutory benchmarks for reference shall be upgraded to prison sentences; those who intend to be sentenced to prison shall be upgraded to fixed-term imprisonment; those who intend to be sentenced to fixed-term imprisonment shall be sentenced to 10%.

Illegal operation of tobacco products

[Reference point for fixed-term imprisonment and statutory benchmark sentence for detention]

Without the permission of the tobacco monopoly administrative department and without a production license, wholesale license, or retail license, the production or wholesale of tobacco products under one of the following circumstances is serious and the legal benchmark sentence is one year in prison:

(1) The amount of illegal business of an individual amounts to 50,000 yuan, or the amount of illegal income exceeds 10,000 yuan;

(2) The amount of illegal operation of the unit amounts to 500,000 yuan, or the amount of illegal income exceeds 100,000 yuan;

(3) Those who have been subjected to more than two administrative penalties for illegally engaging in the operation of tobacco products and have been operating illegally, amounting to 20,000 yuan.

[Reference point of statutory standard sentence of imprisonment for more than five years]

In cases where the illegal operation of tobacco products is particularly serious, the legal benchmark sentence is five years' imprisonment.

Illegal telecommunications business

[Reference point of statutory standard sentence of fixed-term imprisonment, detention, and single penalty]

Those who illegally engage in telecommunications business within 1.5 million yuan will be fined; fines above 1.5 million and less than 2 million yuan will be sentenced to prison; 2 million yuan will be sentenced to six months' imprisonment, and each additional 50,000 yuan will increase the sentence. A month.

[Reference point of statutory standard sentence of imprisonment for more than five years]

If the amount of illegal telecommunications business is 5 million yuan, the term of imprisonment is five years, and each additional 100,000 yuan will increase the prison term by one month.

[Reference Point of Statutory Benchmark Penalties for Units Responsible for Crimes]

[Special provisions for promotion and sentencing]

Those who intend to imprisonment will be sentenced to 10%.

Illegal business publications

[Reference point of statutory standard sentence of fixed-term imprisonment, detention, and single penalty]

If the amount of illegally operating publications is 100,000 yuan or the illegal income is 30,000 yuan, or operating 5,500 copies of newspapers or 5,500 copies of periodicals or 2,500 volumes of books or audio-visual products or electronic publications, the penalties shall be fined; More than 10,000 yuan but less than 120,000 yuan or illegal income of more than 30,000 yuan but less than 40,000 yuan 550 pieces (boxes) or more but less than 600 (boxes) shall be sentenced to detention; the illegal business amounted to 120,000 yuan or the illegal income of 40,000 yuan or 6,000 newspapers or 6,000 periodicals or 3,000 books or audiovisual products, electronics For 600 publications (boxes), the term of imprisonment is six months, and each additional 3,000 yuan in crime or 800 yuan in illegal gains or 200 copies of newspapers or 20 books or 20 electronic publications (boxes) will be increased by one month. .

[Reference point of statutory standard sentence of imprisonment for more than five years]

If the amount of illegal business is 250,000 yuan or the illegal income is 70,000 yuan, or 15,000 copies of newspapers or 15,000 copies of periodicals or 5,000 volumes of books or 1,500 audiovisual products and electronic publications (boxes), the term of imprisonment is five years; for each additional crime If the amount is 10,000 yuan or 1,000 yuan illegally obtained or 300 copies of newspapers and periodicals or 50 books or 20 electronic publications (boxes), the sentence is increased by one month.

[Reference Point of Statutory Benchmark Penalties for Units Responsible for Crimes]

If a unit commits a crime, the person in charge directly responsible for it and other persons directly responsible shall be sentenced according to the aforementioned legal benchmarks and reference points.

[Special provisions for promotion and sentencing]

Recidivists, those who have been sentenced for crimes or have been punished more than two times for illegal business, who are proposed to be fined are promoted to detention; those who intend to be sentenced to detention are promoted to fixed-term imprisonment; those who are sentenced to fixed-term imprisonment shall be sentenced to 10%.

However, not all illegal business operations that disrupt the market order can constitute this crime, but must be constituted by those with serious circumstances. As a kind of economic crime, the so-called "serious circumstances" of the crime of illegal business should first consider economic measurement standards. For example: 1. The amount of business is particularly huge; 2. The amount of sales is huge; 3. The amount of profits is large; 4. It causes serious economic losses to legal operators; 5. It causes serious economic losses to the country; and so on. In addition, those who cause serious consequences such as bad social impact or major loss of people's lives and property can also be considered serious. Such behaviors may occur with certain acts such as the operation of illegal publications and the illegal operation of dangerous chemicals. Because "serious circumstances" are related to the boundary between crime and non-sin, it is advisable to make uniform specific rules by judicial interpretation.