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.
Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC) refers to a crime of violating state regulations and committing one of the following illegal business operations.
(a) without permission, dealing in franchise, monopoly goods or other commodities with restricted trading as stipulated 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 settlement business;
(four) engaged in other illegal business activities, disrupting the market order, and the circumstances are serious.