If tobacco trafficking is suspected of committing a crime, it may constitute a crime of illegal business operation. The sentencing standards for the crime of illegal business operation are as follows:
 1. If such a crime is constituted, he 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 gains;
 2. If this crime is constituted and 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 the illegal gains or be sentenced to confiscation of property.
 Elements of the crime of illegal business operation:
 1. The object of this crime is the market management system that the state restricts the purchase and sale of goods and business licenses.
 2. The objective elements of this crime, in the objective aspect, are as follows: operating franchised and monopolized goods or other restricted goods without permission, buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents required by laws and administrative regulations, as well as engaging in other illegal business activities, disrupting market order, and the circumstances are serious.
 3. Main element: the subject of this crime is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have the capacity of criminal responsibility.
 4. Subjective elements, this crime is composed of intention in the subjective aspect, and has the purpose of seeking illegal profits.
 [Legal Basis]
 Article 225 of the Criminal Law of the People's Republic of China, whoever, in violation of State regulations, commits one of the following illegal business operations and disturbs market order, 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 gains; 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 the illegal gains or be sentenced to confiscation of property:
 （1） Operating, without permission, goods that are monopolized or sold as prescribed by laws and administrative regulations or other goods that are restricted from trading;
 （2） Buying and selling import and export licenses, import and export certificates of origin, and business licenses or approval documents as required by other laws and administrative regulations;
 （3） Illegal operation of securities, futures and insurance business without approval of the relevant competent department of the State, or illegal operation of fund payment and settlement business;
 （4） Other illegal business activities that seriously disrupt the market order.