Illegal income in our country refers to the property obtained by units or individuals using improper means in violation of national laws and policies. Such as illegal reselling of goods, short selling, subcontracting fishing, intermediary profit, fraud, deception, profit sharing, etc. Means of capturing illegal income.
Illegal income
Illegal income in English
illegal income;
illicit income;
illegal incomes too;
Academic literature explanation
1,"
Chen Shu, a deputy to the National People's Congress and honorary chairman of the Guangzhou Bar Association, believes that "the most important thing to define 'illegal income' and 'gray income' is whether you have formally paid taxes. Citizens have a tax liability. If they pay taxes normally, they are legal income If the income is sneaky under the table, you do not disclose it, do not pay taxes, I think you are gray income.
According to the provisions of Article 134 of the General Principles of the Civil Law: "The main ways of bearing civil liability are: (1) stop the infringement; (2) eliminate the obstruction;
(3) eliminate danger; (4) return property; (5) restore original condition; (6) repair, rework, replace; (7) compensate for loss; (8) pay liquidated damages; (9) eliminate impact and restore reputation; (10) Apology. The above methods of bearing civil liability can be used alone or in combination. In the trial of civil cases, the people's courts may, in addition to applying the above-mentioned provisions, give instructions, order repentance, collect property and illegal income for illegal activities, and impose fines and detention in accordance with the law. "
Tort
(UNLAWFUL EARNINGS BY INFRINGEMENT)
Refers to the total amount of infringer's sales related to infringement, and China can impose a fine of less than 50% based on the illegal business value when administrative penalties are imposed.
Notes on infringement of illegal income
In addition, in the case of compensation based on the profits obtained from the infringement, the plaintiff also needs to provide the defendant's illegal turnover, and the defendant shall prove the cost of the goods and other necessary deductions. Therefore, attention must be paid to the distinction between legal and illegal income.
