The original text of the 2022 Measures for the Investigation and Punishment of Unlicensed and Unlicensed Business Operations is as follows:

1. Unlicensed business operations shall be banned by the industrial and commercial administration departments in accordance with relevant laws and administrative regulations. , Confiscate illegal gains;

2. If unlicensed business operations are harmful and pose major safety hazards, tools, equipment, raw materials, products (commodities) and other property specifically used for unlicensed business shall be confiscated, and Fines will be imposed; if unlicensed business operations endanger human health, present major safety hazards, threaten public safety, or damage environmental resources, tools, equipment, raw materials, products (commodities) and other property specifically used for unlicensed business operations will be confiscated. A fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed;

3. If it is not enough for criminal punishment, a fine of not more than 20,000 yuan shall be imposed; if it is not enough for criminal punishment, a fine of not more than 20,000 yuan shall be imposed; If the scale of unlicensed business operations is large and the social harm is serious, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed;

4. If the unlicensed business operations are serious and constitute the crime of illegal business, they shall be liable corresponding criminal liability.

The difference between operating without a license and operating without a license

1. Operation without a license means that the operator has not obtained a license or approval document in accordance with the law, or the license or approval document has been revoked, Cancellation, expiration of validity period, and engaging in relevant business activities without authorization. The draft opinion stipulates that if laws and regulations have clear provisions on the investigation and punishment department of "unlicensed operations", the statutory department shall be designated to implement the investigation and punishment. If the laws and regulations do not provide for the investigation and punishment department or the investigation and punishment department is unclear, the people's government of the province, autonomous region, or municipality directly under the Central Government shall The department directly identified will investigate and deal with it.

2. Unlicensed operation means that an operator only needs to obtain a business license to engage in business activities and obtain a license or approval document in accordance with regulations, but does not legally obtain a business license and engages in business activities without authorization. Unlicensed operations will be investigated and punished by the industrial and commercial departments.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 225: Violation of national regulations and the following illegal business activities

Whoever disrupts market order and the circumstances are serious shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to five years. or above, a fine of not less than one time but not more than five times the illegal income, or confiscation of property:

1. Operating franchises, monopoly items or other restricted items for sale without permission as stipulated in 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 in laws and administrative regulations;

3. Without the approval of the relevant state authorities The department approves the illegal operation of securities, futures, and insurance businesses, or illegally engages in fund payment and settlement business;

4. Other illegal business activities that seriously disrupt market order.