The object of the crime of illegal business operation should be market order. In order to ensure that the market for buying and selling goods and import and export goods is restricted, the state implements a business license system for the above-mentioned goods. Among them, the import and export license system is an important part of the business license system. Buying and selling import and export licenses and import and export certificates of origin not only violates the market order, but also violates the foreign trade management system.
In order to ensure the normal order of the market, China restricts the trading of some materials related to the national economy and people's livelihood, people's life, health and safety and public interests.
After approval and obtaining a business license, they can engage in business activities such as acquisition, storage, transportation, processing, wholesale and sales. It is illegal to operate without approval.
The so-called restricted articles refer to articles that are not allowed to be bought and sold freely in the market according to regulations, such as important means of production and consumer goods that are not allowed to be bought and sold freely according to state regulations, as well as articles handled by specialized units designated by the state, such as tobacco monopoly products (cigarettes, cigars, cut tobacco, redried cigarette paper, filter rods, cigarette tow, special machinery for tobacco), foreign exchange, gold and silver and its products, gold and silver handicrafts, jewelry and precious medicinal materials. Which commodities are restricted from buying and selling shall be stipulated by national laws and administrative regulations. These are special regulations formulated by the state to regulate the market of specific commodities. Unauthorized operation of restricted goods has caused great confusion to the national restricted goods market.
Legal basis:
Article 225 of the Criminal Law Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the 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 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) operating a franchise or monopoly commodity or other commodities whose operation 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.