How to identify illegal business activities

1、 How to identify Illegal operation behavior

The criteria for determining illegal business activities are mainly based on the following aspects:

First of all, whether the operation violates the national regulations.

This is an important indicator for defining illegal business activities, and it must be ensured that the business activities are in violation of the corresponding national laws and administrative decrees.

Secondly, whether the products or services under operation belong to the franchise, monopoly or other categories subject to trading restrictions specified by laws and administrative decrees.

There are many kinds of such goods or services, such as precious metals, tobacco products, fertilizers, cotton, pesticides, etc.

Moreover, whether the business activities involve the purchase and sale of import and export licenses, import and export certificates of origin and other laws and administrative decrees Business license Or approved documents.

These documents and licenses are necessary for legal operation, and it is considered illegal operation to engage in relevant transactions without corresponding approval.

In addition, whether the business activities involve the illegal operation of securities, futures or insurance business without the approval of the relevant national competent authorities.

These businesses in the financial field need specific licenses and approval from the regulatory authorities.

Finally, whether there are other illegal business activities that seriously disrupt the market order.

This provision is intended to cover all kinds of illegal business forms emerging due to the development of the market economy.

In general, the determination of illegal business activities needs to comprehensively consider the legitimacy of business activities, the types of products or services operated, the effectiveness of required licenses or approval documents, and the degree of disruption to market order and other factors.

《 criminal law 》Article 225

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 not more than five years fixed-term imprisonment perhaps criminal detention , concurrently or separately Illegal income More than one time but less than five times fine ; 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 Confiscation of property ：

（1） Legal and administrative operation without permission statute Articles that are specifically monopolized or sold, or other articles whose trading is restricted;

（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.

2、 How to identify Crime of illegal business

Crime of illegal business Constitution of crime The details are as follows:

1. On the object of crime:

The object of infringement should be market order.

To ensure that the restricted sales and import and export of goods control With regard to management, our government has vigorously implemented the business license system for the above items.

2. For the objective aspect of crime:

The objective performance of this crime is mainly reflected in the illegal operation of monopoly, exclusive goods or other restricted goods without the permission of the relevant authorities;

Or buying and selling import and export licenses, certificates of origin, business licenses or approval documents required by laws and administrative regulations;

It even engages in other illegal business activities, thus disturbing the market order, and the circumstances are serious.

3. On the subjective aspects of crime:

Most of its perpetrators commit crimes intentionally and pursue illegal interests as the ultimate goal.

4. On the subject of crime:

The perpetrators of such crimes are usually ordinary citizens whose subjective age has reached the level of legal criminal responsibility and who have the ability to bear corresponding criminal responsibility.

At the same time, companies established in accordance with laws and regulations and with full capacity for responsibility can also be defendants of this type of crime.

Article 225 of the Criminal Law

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.

In our daily life, law is an invisible constraint, which not only protects our rights and interests, but also regulates our behavior. Whether at work or in life, we need to fully understand and understand the law in order to better protect our rights and interests. Although the law may seem complex and profound, as long as we are willing to spend time to study and understand it, we can master its basic principles and applications. As the title of this article puts forward, "How to identify illegal business practices", each article is an opportunity to learn and understand the law. We should seize these opportunities to constantly improve our legal literacy, so as to better adapt to the development and changes of society.