1. The acts of the crime of illegal business operation include: (1) engaging in franchise, monopoly of commodities 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 business licenses or approval certificates stipulated by other laws and regulations; (3) Other illegal business operations that seriously disrupt the market order. For example, illegally engaging in pyramid schemes and lottery transactions; Reselling wastes whose import is prohibited or restricted by the state; Monopoly goods, drive up prices and hoard; Reselling foreign exchange, licenses and indecent articles; Wait a minute. 2. The crime of illegal business operation refers to the illegal business operation that engages in other illegal business activities without permission, disrupts the market order, and the circumstances are serious.

Legal objectivity:

I. Object Elements The object of the crime of illegal business operation should be the 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. According to the foreign trade law, the state implements a unified foreign trade system and promotes and develops trade relations with other countries and regions on the principle of equality and mutual benefit. People's Republic of China (PRC) grants most-favored-nation treatment and national treatment to other contracting parties and participants in foreign trade in accordance with international treaties and agreements it has concluded or acceded to, or on the principle of reciprocity and reciprocity. If any country or region adopts discriminatory prohibitions, restrictions or other similar measures against People's Republic of China (PRC) in trade, People's Republic of China (PRC) can take corresponding measures against that country or region according to the actual situation. In order to ensure that the development of foreign trade conforms to the above provisions, the state requires that import and export goods must provide certificates of origin, and must apply for import and export licenses except for special exemptions stipulated by law. Therefore, the import and export certificate of origin and import and export license must be true and valid, and forgery and alteration are not allowed. At the same time, import and export certificates of origin and import and export licenses are used for specific import and export trade of specific importers and exporters, and transactions are not allowed. Buying and selling import and export certificates of origin and import and export licenses disturbs the country's foreign trade order and must be punished. 2. Objectively, it is manifested as operating franchise, monopoly goods or other restricted goods without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, and engaging in other illegal business activities that disrupt market order and have serious circumstances. There are mainly the following kinds of behaviors: 1, franchising without permission, monopolizing commodities or other commodities whose trading is restricted by laws and administrative regulations. 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. Article 11 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Publications (Interpretation [1998] No.30): "In violation of state regulations, publishing, printing, copying and distributing other illegal publications that seriously endanger social order and disrupt market order other than those stipulated in Articles 1 to 10 of this Interpretation, if the circumstances are serious, it shall be in accordance with Item (3) of Article 225 of the Criminal Law. Only those laws and regulations that restrict business are restricted goods, otherwise they cannot be identified. In addition, whether the goods are restricted or not is not immutable, and the state can make changes and adjustments according to actual needs. 2. Buying and selling import and export licenses, import and export certificates of origin and business licenses or approval certificates stipulated by other laws and regulations. The business license or relevant approval documents are valid certificates for the holder to carry out economic activities. Nothing is illegal business. Some lawless elements are not qualified to deal in commodities restricted by the state and cannot obtain relevant business licenses or approval documents, so they buy or even forge business licenses or approval documents from others in an attempt to evade inspection and sanctions. As a result, the illegal behavior of buying and selling business licenses and approval documents also came into being. This kind of behavior directly urges countries with serious illegal business circumstances to limit the proliferation of buying and selling goods, which is quite harmful. So we should also replace punishment with punishment. The import and export license issued by the administrative department of foreign economic relations and trade of the State Council and its authorized institutions is not only a legal certificate for foreign trade operators to conduct foreign trade activities legally, but also an important certificate for the state to manage import and export goods and technologies. For example, the customs must take this as the basis when inspecting and releasing import and export goods and technologies. Import and export certificate of origin refers to a valid certificate used to prove that the origin of import and export goods and technologies belongs to a certain country or region. It is a proof that importing countries and regions levy different tariffs according to different origins and implement other import differential treatment. The so-called business license or approval documents stipulated by other laws and administrative regulations generally refer to the business license or approval documents for restricted commodities. For example, the tobacco monopoly license is a certificate issued by the tobacco monopoly bureau to enterprises, units and individuals to allow them to operate tobacco monopoly products, including tobacco monopoly production license and tobacco monopoly business license. The so-called transportation permit is a certificate issued by a provincial tobacco company to handle the consignment procedures of tobacco leaves according to the allocation plan, documents or contracts of the Tobacco Corporation. The former is the documentary evidence that the licensed unit or individual is engaged in tobacco monopoly business, and it is an important certificate to distinguish between legal operation and illegal operation of tobacco industry. The latter is an important certificate for the receiving unit or individual to engage in tobacco transportation. After examination and approval, the competent state department will issue the above certificates to units or individuals to strengthen the supervision and unified management of the production, operation and transportation of tobacco monopoly products. 3. Other illegal business activities that seriously disrupt the market order, illegally operate securities, futures or insurance business, and illegally operate fund payment and settlement business. " Illegal fund payment and settlement business "refers to the business activities that underground banks can only carry out by illegally engaging in commercial banks, accepting customers' entrustment to collect and pay on their behalf, withdrawing money from the payer's deposit account and transferring it to the payee's deposit account, and completing the settlement of creditor's rights and debts between customers or transferring funds. 4. Other illegal business practices that seriously disrupt the order of the market economy. (1) Illegal trading of foreign exchange. (2) illegally operating publications. (3) illegally operating telecommunications services. ④ Adding clenbuterol hydrochloride and other items that are forbidden to be used in feed and animal drinking water into the feed produced and sold. (five) unauthorized establishment of Internet service business premises (that is, Internet cafes) or engaging in Internet service business activities. ⑥ Illegal lottery operation. Three. Subject elements The subject of this crime is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have criminal responsibility ability. A legally established and responsible unit can also be the subject of this crime. According to the original intention of this article, the subject of this crime refers to the operator. However, under the condition of market economy, "no one does not do business". If the subject of this crime is limited to a special subject, many acts of buying and selling goods, import and export licenses and import and export certificates of origin without any business license (non-operators) will not be punished. Therefore, the subject of this crime is the general subject. Units can also constitute the subject of this crime. 4. Subjective aspect Subjective aspect is intentional and has the purpose of seeking illegal interests. If the actor buys and sells the business license because he doesn't understand the laws and regulations, he should not be punished as this crime, and the competent department should investigate his administrative responsibility.