Legal analysis: If the circumstances are serious, the crime of illegal business operation is established. One of the manifestations of the crime of illegal business operation is to engage in franchising, monopolizing commodities or other commodities whose trading is restricted by laws and administrative regulations without permission. 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, precious medicinal materials, etc.

Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and 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 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 his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business 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.