Legal analysis

The crime of illegal business operation refers to the crime of violating state regulations, committing one of the listed illegal business operations and disrupting market order. Among them, violation of state regulations refers to violation of relevant state laws and administrative regulations. The three acts listed in this article are: engaging in franchise, monopoly goods or other commodities whose operation is restricted by laws and administrative regulations without permission. Among them, without permission means without the approval of the relevant competent departments of the state; Articles that are franchised and monopolized by laws and administrative regulations refer to articles that are clearly stipulated by laws and administrative regulations to be operated by specialized agencies. Such as salt, tobacco, etc. ; Other articles whose trading is restricted refer to articles whose trading is restricted within a certain period of time according to the needs of economic development and safeguarding the interests of the state, society and people. Such as chemical fertilizers and pesticides. The range of goods for exclusive sale and restricted trading is not fixed. With the development of socialist market economy, the provisions of laws and administrative regulations may change. 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. Among them, the import and export license is a document issued by the competent foreign trade department of the state to confirm the qualification of enterprises to engage in import and export business. "Import and export certificate of origin" refers to the certification documents issued by the relevant authorities of origin that are required by law when engaging in import and export business activities and must be attached when importing and exporting products.

legal ground

Article 140 of the Criminal Law of People's Republic of China (PRC) * * * Producers and sellers who adulterate their products, pass fake products off as genuine products, and pass unqualified products off as qualified products, with a sales amount of not less than 50,000 yuan but not more than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.