If your company has been approved by the CBRC, it is not illegal; If not, it is suspected of illegal business operation. 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.
Objectively speaking, it is characterized by 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. Illegal business practices that seriously disrupt the market economic order are as follows:
(1) illegally buying and selling foreign exchange.
(2) illegally operating publications.
(3) illegally operating telecommunications services.
(4) adding clenbuterol hydrochloride and other items prohibited from being used in feed and animal drinking water to the feed produced and sold.
(five) unauthorized establishment of Internet service business premises (Internet cafes) or unauthorized engagement in Internet service business activities.
(6) illegally operating lottery tickets.
Article 225 of the Criminal Law of People's Republic of China (PRC) * * violates state regulations and commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, he 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 for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods restricted 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 payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.