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What acts constitute the crime of illegal business operation? Operating international telecommunication business without authorization in violation of state regulations.
The crime of illegal business operation is a pocket crime. In addition to the criminal law, there are the following legal provisions: 1. The National People's Congress Standing Committee (NPCSC)'s Decision on Punishing Crimes of Fraudulent Purchase of Foreign Exchange, Evasion of Foreign Exchange and Illegal Trading of Foreign Exchange, and the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Fraudulent Purchase of Foreign Exchange and Illegal Trading of Foreign Exchange are all treated as illegal business. 2. The Criminal Law Amendment of People's Republic of China (PRC) (199965438+February 25th) also punishes the illegal operation of securities, futures or insurance business without the approval of the relevant state authorities. 3. The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Publications violates the provisions of the state, publishing, printing, copying and distributing illegal publications that seriously endanger social order and disrupt the market. If the circumstances are serious, it shall be punished as the crime of illegal business. 4. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production, Sale and Use of Forage and Prohibited Drugs in Animal Drinking Water. Illegal production and sale of prohibited drugs in feed and animal drinking water, disrupting the order of the drug market, if the circumstances are serious, shall be punished as the crime of illegal business. 5. The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disrupting the Order of the Telecommunication Market deals with illegal international telecommunication business or profit-making activities involving telecommunication business in Hong Kong, Macao and Taiwan, which disturbs the order of the telecommunication market. 6. "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Forest Resources" Forging, altering, buying or selling forest cutting licenses, timber transportation documents, forest trees, forest land ownership certificates, forest land audit consent, forest cultivation funds and other forestry documents approved by other state organs constitutes a crime, and shall be convicted and punished for the crime of forging, altering, buying or selling official documents and certificates of state organs; However, if buying and selling import and export licenses and other business licenses also constitutes a crime of illegal business operations, they shall be convicted and punished in accordance with the provisions of heavier punishment. 7. Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Wild Animal Resources; Whoever forges, alters or buys or sells official documents and certificates such as wildlife import and export licenses, special hunting and catching licenses, hunting license, domestication and breeding licenses issued by state organs, which constitutes a crime, shall be convicted and punished for the crime of forging, altering or buying and selling official documents and certificates of state organs; However, if the above acts constitute crimes or illegal business operations, they shall be convicted and punished in accordance with the provisions of heavier punishment. 8. Reply of the Supreme People's Court on How to Identify the Nature of MLM or disguised pyramid selling. Whoever engages in pyramid selling or disguised pyramid selling activities and disrupts the market order, if the circumstances are serious, shall be punished as illegal business operation. 9. The Reply of the Supreme People's Procuratorate on the Legal Issues Applicable to the Illegal Operation of Telecommunication Services in International or Hong Kong, Macao and Taiwan Regions, which illegally operates telecommunication services in international or Hong Kong, Macao and Taiwan regions without approval, or engages in profit-making activities involving telecommunication services in Hong Kong, Macao and Taiwan regions, disrupting the management order of the telecommunication market, shall be punished as the crime of illegal operation. 10. The Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Operation of Salt stipulates that anyone who illegally produces, stores, transports or sells salt in violation of relevant national salt laws and regulations and disrupts the market order shall be punished as the crime of illegal operation of salt. 1 1. "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases that Hinder the Outbreak of Infectious Diseases" Article 6 During the prevention and control of disasters such as the outbreak of infectious diseases, whoever, in violation of the relevant provisions of the state on market operation and price management, drives up prices and profiteers, seriously disrupts the market order, and the amount of illegal gains is relatively large or there are other serious circumstances, shall be subject to the provisions of Article 225 of the Criminal Law. 12 "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Gambling Criminal Cases" Article 6 Where lottery tickets are issued or sold without the approval of the state, which constitutes a crime, they shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Item (4) of Article 225 of the Criminal Law. Legal basis: Article 225 of the Criminal Law, in violation of state regulations, commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business is restricted 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; (three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order. This answer was recommended by Jing Zhao, an expert on regulation classification.