The Supreme People's Procuratorate and Article 79 of the Ministry of Public Security [Illegal Business Case (Article 225 of the Criminal Law)] Anyone who engages in illegal business activities and disturbs the market order in violation of state regulations and is suspected of one of the following circumstances shall be placed on file for prosecution: (1) Whoever illegally produces, stores, transports and sells salt in violation of state regulations on salt management and disturbs the market order in one of the following circumstances. 2. Being subject to administrative punishment for illegally operating salt for more than two times, and the amount of illegally operating salt is more than ten tons. (2) Violating the national laws and regulations on tobacco monopoly administration, illegally dealing in tobacco monopoly products without the permission of the tobacco monopoly administrative department, without the license of tobacco monopoly production enterprise, tobacco monopoly wholesale enterprise, tobacco monopoly franchise enterprise and tobacco monopoly retail license, under any of the following circumstances: 1. The illegal business amount is more than 50,000 yuan, or the illegal income is more than 20,000 yuan; 2. Illegally handling more than 200,000 cigarettes; 3. Having been punished twice or more for illegally operating tobacco monopoly products within three years, and the amount of illegally operating tobacco monopoly products is more than 30,000 yuan. (3) illegally engaging in securities, futures and insurance business, or illegally engaging in fund payment and settlement business without the approval of the relevant competent departments of the state, under any of the following circumstances: 1. Illegally engaging in securities, futures and insurance business with an amount of more than 300,000 yuan; 2. Illegally engaging in fund payment and settlement business, with an amount of more than 2 million yuan; 3. In violation of state regulations, using point-of-sale terminal equipment (POS machines) and other means to directly pay cash to credit card holders by fictitious transactions, false prices, cash return and other means. The amount is more than 1 million yuan, or the funds of financial institutions are overdue by more than 200,000 yuan, or the economic losses of financial institutions are more than 100,000 yuan; 4. The amount of illegal income is more than 50,000 yuan. (4) Illegal foreign exchange operation in any of the following circumstances: 1. Buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its sub-centers, with an amount of more than US$ 200,000, or with an illegal income of more than RMB 50,000; 2. Companies, enterprises or other units, in violation of the provisions on foreign trade agency business, fraudulently purchase foreign exchange from designated foreign exchange banks for others by illegal means, or knowingly forge or alter vouchers or commercial documents, the amount of which is more than 5 million US dollars or the illegal income is more than 500,000 yuan; 3. Buying foreign exchange by fraud through an intermediary, the amount is more than100000 USD or the illegal income is more than100000 RMB. (5) Publishing, printing, copying and distributing illegal publications that seriously endanger social order and disrupt market order, in any of the following circumstances: 1 The amount of illegal business operation by individuals is more than 50,000 yuan, and the amount of illegal business operation by units is more than150,000 yuan; 2. The amount of illegal income of individuals is more than 20,000 yuan, and the amount of illegal income of units is more than 50,000 yuan; 3. Individuals illegally operate 5000 newspapers or 5000 periodicals or 2000 books or 500 kinds of audio-visual products and electronic publications, and units illegally operate 15000 newspapers or periodicals 15000 books or audio-visual products or electronic publications 1500 kinds; 4. Although it does not meet the above-mentioned amount standard, it has one of the following circumstances: (1) It has been subject to administrative punishment for publishing, printing, copying and distributing illegal publications for more than two times in two years, and has published, printed, copied and distributed illegal publications; (two) publishing, printing, copying and distributing illegal publications, which has caused adverse social impact or other serious consequences. (6) Illegally engaging in publication, printing, reproduction and distribution, which seriously disrupts the market order, under any of the following circumstances: 1. The amount of illegal business operations of individuals is more than 150,000 yuan, and the amount of illegal business operations of units is more than 500,000 yuan; 2. The amount of illegal income of individuals is more than 50,000 yuan, and the amount of illegal income of units is more than 150,000 yuan; 3. Individuals illegally operate newspapers, periodicals 15000 or books, 5000 or audio-visual products and electronic publications 1500, and units illegally operate newspapers, periodicals, 50000 or books 15000 or audio-visual products and electronic publications; 4. Although it does not meet the above-mentioned amount standard, it has been subject to administrative punishment more than twice for illegally engaging in publishing, printing, reproduction and distribution within two years. (7) Engaging in international telecommunications services or engaging in profit-making activities involving telecommunications services in Hong Kong, Macao and Taiwan without authorization by renting international private lines, privately setting up exchange equipment or other means, thus disrupting the management order of the telecommunications market, under any of the following circumstances: 1. Outbound traffic is more than one million yuan; 2. Operating inbound business causes telecom tariff loss of more than one million yuan; 3. Although it does not meet the above amount standard, it has one of the following circumstances: (1) It has been subject to administrative punishment for illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan, and illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan for more than two times in two years; (two) illegal operation of international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan, causing other serious consequences. (8) Engaging in other illegal business activities under any of the following circumstances: 1. The amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is more than 1 10,000 yuan; 2. The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than100,000 yuan; 3. Although it has not reached the above-mentioned amount standard, it has been subject to administrative punishment twice or more for the same illegal business operation within two years, and the same illegal business operation has been implemented; 4. Other serious circumstances.

Legal objectivity:

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (II) Article 71 Whoever, in violation of State regulations, engages in illegal business activities and disrupts market order and is suspected of one of the following circumstances, shall file a case for prosecution: (1) Violating State laws and regulations on tobacco monopoly management without the permission of the department of tobacco monopoly administration, Illegal operation of tobacco monopoly products without tobacco monopoly production enterprise, tobacco monopoly wholesale enterprise, tobacco monopoly enterprise license and tobacco monopoly retail license, under any of the following circumstances: 1 The amount of illegal business is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan; 2. Illegally handling more than 200,000 cigarettes; 3. Having been punished twice or more for illegally operating tobacco monopoly products within three years, and the amount of illegally operating tobacco monopoly products is more than 30,000 yuan. (2) illegally engaging in securities, futures and insurance business, or illegally engaging in fund payment and settlement business without the approval of the relevant competent departments of the state, under any of the following circumstances: 1. Illegally engaging in securities, futures and insurance business, with an amount of more than 1 million yuan or an illegal income of more than 100,000 yuan; 2. Illegally engaging in fund payment and settlement business, the amount is more than 5 million yuan, or the amount of illegal income is more than100000 yuan; 3. Illegally engaging in fund payment and settlement business, the amount is more than 2.5 million yuan but less than 5 million yuan, or the amount of illegal income is more than 50,000 yuan but less than 1 00000 yuan, and under any of the following circumstances: (1) being investigated for criminal responsibility according to law for the crime of illegally engaging in fund payment and settlement business; (2) Being subject to administrative punishment for illegal acts in fund payment and settlement business within two years; (three) refused to explain the whereabouts of the funds involved or refused to cooperate with the recovery work, so that the stolen money could not be recovered; (4) Causing other serious consequences. 4. Use the point-of-sale terminal equipment (POS machine) and other means to directly pay cash to credit card holders by fictitious transactions, false pricing, cash return and other means. , the amount is more than one million yuan, or the funds of financial institutions are more than 200,000 yuan overdue, or the economic losses of financial institutions are more than 100,000 yuan. (3) Illegal trading of foreign exchange, such as reverse trading or disguised trading of foreign exchange, which disrupts the order of the financial market and has one of the following circumstances: 1. The illegal business amount is more than 5 million yuan, or the illegal income amount is more than 10 million yuan; 2. The amount of illegal business is more than 2.5 million yuan, or the amount of illegal income is more than 50,000 yuan, and one of the following circumstances exists: (1) has been criminally investigated for the crime of illegally buying and selling foreign exchange; (2) Being subject to administrative punishment for illegally buying and selling foreign exchange within two years; (three) refused to explain the whereabouts of the funds involved or refused to cooperate with the recovery work, so that the stolen money could not be recovered; (4) Causing other serious consequences. 3. Companies, enterprises or other units, in violation of the provisions on foreign trade agency business, fraudulently purchase foreign exchange from designated foreign exchange banks for others by illegal means, or knowingly forge or alter vouchers or commercial documents, with an amount of more than US$ 5 million or an illegal income of more than 500,000 yuan; 4. Buying foreign exchange through an intermediary, the amount is more than one million dollars, or the illegal income is more than 100,000 yuan. (4) Publishing, printing, copying and distributing illegal publications that seriously endanger social order and disrupt market order, in any of the following circumstances: 1 The amount of illegal business operation by individuals is more than 50,000 yuan, and the amount of illegal business operation by units is more than150,000 yuan; 2. The amount of illegal income of individuals is more than 20,000 yuan, and the amount of illegal income of units is more than 50,000 yuan; 3. Individuals illegally operate 5000 newspapers or 5000 periodicals or 2000 books or 500 kinds of audio-visual products and electronic publications, and units illegally operate 15000 newspapers or periodicals 15000 books or audio-visual products or electronic publications 1500 kinds; 4. Although it does not meet the above-mentioned amount standard, it has one of the following circumstances: (1) It has been given more than two administrative penalties for publishing, printing, copying and distributing illegal publications within two years, and it has been published, printed, copied and distributed illegally; (two) publishing, printing, copying and distributing illegal publications, which has caused adverse social impact or other serious consequences. (5) Illegally engaging in publication, printing, reproduction and distribution, which seriously disrupts the market order, under any of the following circumstances: 1. The amount of illegal business operations of individuals is more than 150,000 yuan, and the amount of illegal business operations of units is more than 500,000 yuan; 2. The amount of illegal income of individuals is more than 50,000 yuan, and the amount of illegal income of units is more than 150,000 yuan; 3. Individuals illegally operate newspapers, periodicals 15000 or books, 5000 or audio-visual products and electronic publications 1500, and units illegally operate newspapers, periodicals, 50000 or books 15000 or audio-visual products and electronic publications; 4. Although the above amount standard is not met, he has been punished twice or more for illegally engaging in publication, printing, reproduction and distribution within two years, and illegally engaging in publication, printing, reproduction and distribution. (6) Engaging in international telecommunications services or engaging in profit-making activities involving telecommunications services in Hong Kong, Macao and Taiwan without authorization by renting international private lines, privately setting up exchange equipment or other means, thus disrupting the management order of the telecommunications market, under any of the following circumstances: 1. The amount of outgoing business is more than one million yuan; 2. Operating inbound business causes telecom tariff loss of more than one million yuan; 3. Although it does not meet the above-mentioned amount standard, it has one of the following circumstances: (1) It has been punished twice or more for illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan within two years; (two) illegal operation of international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan, causing other serious consequences. (7) For the purpose of making profits, providing paid information deletion service through the information network, or providing paid information release service through the information network knowing that it is false information, thus disrupting the market order, under any of the following circumstances: 1 The amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan; 2. The illegal business operation amount of the unit is more than150,000 yuan, or the illegal income amount is more than 50,000 yuan. (eight) illegal production and sale of "black broadcasting", "pseudo base stations", radio jammers and other radio equipment, in any of the following circumstances: 1. Illegal production and sale of more than three sets of radio equipment; 2. The illegal business amount is more than 50,000 yuan; 3. Although it has not reached the above-mentioned amount standard, it has been subject to administrative punishment for illegally producing and selling radio equipment for more than two times in two years. (9) For the purpose of providing casinos to others, illegally producing and selling electronic game facilities and equipment or their special software with gambling functions such as refund of money, points and steel balls in violation of state regulations, under any of the following circumstances: 1. The personal illegal business amount is more than 50,000 yuan, or the illegal income is more than 10,000 yuan; 2. The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than100,000 yuan; 3. Although it has not reached the above-mentioned amount standard, it has been subject to administrative punishment for illegally producing and selling gambling machines for more than two times within two years, and has also carried out similar illegal business activities; 4. Other serious circumstances. (10) Committing the following acts endangering food safety, with illegal business amount of more than RMB 1 00000, or illegal income of more than RMB 50000:1. In violation of state regulations, producing and selling non-food raw materials prohibited by the state for food production and sales; 2. Producing and selling toxic and harmful non-food raw materials such as pesticides and drugs that are prohibited by the state in edible animals, or producing and selling pesticides, veterinary drugs, feeds, feed additives and feed raw materials containing the above toxic and harmful non-food raw materials for the purpose of providing others with edible agricultural products; 3 in violation of state regulations, set up a pig slaughtering plant (field) to engage in pig slaughtering, sales and other business activities. (eleven) without the approval of the regulatory authorities, or beyond the scope of business, for the purpose of making profits, at the actual annual interest rate of more than 36%, regularly issuing loans to unspecified social objects, in any of the following circumstances: 1. The accumulated amount of personal illegal loans is more than 2 million yuan, and the accumulated amount of unit illegal loans is more than 10 million yuan; 2. The accumulated amount of personal illegal income is more than 800,000 yuan, and the accumulated amount of unit illegal income is more than 4 million yuan; 3. The number of illegal lending objects of individuals is above 50, and the number of illegal lending objects of units is above 150; 4. Causing serious consequences such as suicide, death or mental disorder of the borrower or his close relatives. 5. Although it does not meet the above-mentioned amount standard, it has one of the following circumstances: (1) It has been subject to administrative punishment for illegal lending for more than two years; (2) Illegally borrowing for more than ten times at an actual annual interest rate of more than 72%. Illegal lending by evil forces is determined according to 50% of the corresponding amount and quantity standard stipulated in Item 65438 +0, 2 and 3. At the same time, if there is any circumstance specified in Item 5, it shall be determined according to the corresponding amount and quantity standard of 40%. (12) engaging in other illegal business activities under any of the following circumstances: 1. The amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is more than 1 10,000 yuan; 2. The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than100,000 yuan; 3. Although it has not reached the above-mentioned amount standard, it has been subject to administrative punishment for illegal business operations for more than two times within two years and engaged in similar illegal business activities; 4. Other serious circumstances. Where there are other provisions in the law and judicial interpretation on the filing standard of the crime of illegal business operation, those provisions shall prevail.