Article 225 of the Criminal Law shall, in violation of state regulations, commit one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, 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 for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(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.
Extended data:
Understanding of "violation of state regulations" in the crime of illegal business operation;
At the first level, if an act does not violate the state regulations, but only violates local laws and departmental rules lower than the state regulations, it certainly does not constitute the crime of illegal business operation;
On the second level, if an act violates the state regulations, but the state regulations do not stipulate that the act constitutes a crime ... criminal responsibility should be investigated. Criminal judicial interpretation does not explain the act as an act of illegal business operation, and of course it does not constitute an illegal business operation crime.
At the third level, if an act violates state regulations and the state stipulates that the act constitutes a crime, it should be investigated for criminal responsibility, but the criminal judicial interpretation does not clearly state that the act is an act of illegal business operation, and certainly does not constitute an illegal business operation crime, such as operating without a license.
References:
Baidu Encyclopedia-Crime of Illegal Business Operation