Article 225 of the Criminal Law: Whoever commits the crime of illegal business operations in violation of state regulations and commits one of the following illegal business acts, 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 A fine of not less than one time but not more than five times the illegal income may be imposed, or a fine of not less than one time but not more than five times the illegal income may be imposed; if the circumstances are particularly serious, the person 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 the illegal income or property shall be confiscated:

(1 ) Without permission, operating special items, monopoly items or other items with restricted sales and purchases stipulated in laws and administrative regulations;

(2) Buying and selling import and export licenses, import and export certificates of origin, and other laws and administrative regulations

(3) Illegal operations of securities, futures, and insurance business without approval from the relevant national competent authorities, or illegal fund payment and settlement business;

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

Article 231: Punishment provisions for units committing the crime of disrupting market order. If a unit commits the crimes specified in Articles 221 to 230 of this section, the unit shall be fined. , and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of each article in this section.

Since there are new changes in judicial interpretations of laws and regulations every year, lawyer Su Yifei will update the sentencing standards for this crime once a year on this website page:

(2010) Supreme People's Procuratorate, Ministry of Public Security Provisions on the standards for filing and prosecution of criminal cases under the jurisdiction of public security organs (2)

Article 79 [Illegal Business Cases (Criminal Law Article 225)] Violating national regulations and conducting illegal business activities , disrupting the market order, and those suspected of any of the following circumstances shall be filed for prosecution:

(1) Violating the relevant national salt industry management regulations, illegally producing, storing, transporting, and selling salt, disrupting the market order, and having the following One of the following circumstances:

1. Illegal sales of more than 20 tons of salt;

2. Having received two or more administrative penalties for illegal sales of salt and illegal sales of salt , the quantity is more than ten tons.

(2) Violating national tobacco monopoly management laws and regulations, without permission from the tobacco monopoly administrative department, without a tobacco monopoly production enterprise license, tobacco monopoly wholesale enterprise license, special tobacco monopoly business enterprise license, Tobacco monopoly retail license and other license certificates, illegal operation of tobacco monopoly products, and one 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. Illegal operation of more than 200,000 cigarettes;

3. Have been subject to more than two administrative penalties within three years for illegal operation of tobacco monopoly products, and illegally operate tobacco monopoly products Goods and the amount exceeds 30,000 yuan.

(3) Illegal operation of securities, futures, insurance business, or illegal fund payment and settlement business without the approval of relevant national competent authorities, or any of the following circumstances:

1 .Illegally engaging in securities, futures, and insurance business, with an amount exceeding 300,000 yuan;

2. Illegally engaging in fund payment and settlement business, with an amount exceeding 2 million yuan;

Su Yifei’s remarks on the new standard: Anyone who illegally engages in fund payment and settlement business or illegally buys and sells foreign exchange under any of the following circumstances shall be deemed to be an illegal business conduct with “serious circumstances”:

(1) The illegal business amount is within five years More than one million yuan;

(2) The amount of illegal income is more than 100,000 yuan.

3. In violation of national regulations, use point-of-sale terminals (POS machines) and other methods to directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc., with an amount of less than 100 More than 10,000 yuan, or causing overdue repayment of more than 200,000 yuan of funds of a financial institution, or causing economic losses of more than 100,000 yuan to a financial institution;

4. The amount of illegal income is more than 50,000 yuan .

(4) Illegal foreign exchange operations, under any of the following circumstances:

1. Buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its branches, the amount is within 2 More than 100,000 US dollars, or the amount of illegal income is more than 50,000 yuan;

2. A company, enterprise or other unit violates the regulations on foreign trade agency business, uses illegal means, or knowingly forges or alters To fraudulently purchase foreign exchange from a designated foreign exchange bank for others, with the amount of the amount exceeding US$5 million or the amount of illegal income exceeding 500,000 yuan;

3. To introduce an intermediary to fraudulently purchase foreign exchange. , the amount is more than one million U.S. dollars or the illegal income is more than 100,000 yuan.

(5) Publish, print, copy, and distribute illegal publications that seriously endanger social order and disrupt market order, and meet any of the following circumstances:

1. The amount of illegal personal business If the illegal income of the unit is more than 50,000 yuan, the illegal business amount of the unit is more than 150,000 yuan;

2. The illegal income of the individual is more than 20,000 yuan, and the illegal income of the unit is more than 50,000 yuan;

3. If an individual illegally operates more than 5,000 newspapers or 5,000 periodicals or 2,000 books or more than 500 audio-visual products or electronic publications, the unit shall illegally operate 15,000 newspapers. or more than 15,000 copies of periodicals, 5,000 books, or 1,500 audio-visual products or electronic publications (boxes);

4. Although it does not meet the above amount standards, it has the following One of the circumstances:

(1) Having received administrative penalties two or more times within two years for publishing, printing, copying, or distributing illegal publications, and then publishing, printing, copying, or distributing illegal publications;< /p>

(2) Adverse social impact or other serious consequences caused by publishing, printing, copying, or distributing illegal publications.

(6) Illegal engagement in the publishing, printing, reproduction, and distribution of publications, seriously disrupting market order, and any of the following circumstances:

1. The amount of personal illegal business is within If the illegal income of the unit is more than 500,000 yuan, the amount of illegal business operations of the unit is more than 500,000 yuan; 2. If the illegal income of an individual is more than 50,000 yuan, the illegal income of the unit is more than 150,000 yuan. ;

3. If an individual illegally operates more than 15,000 newspapers, 15,000 periodicals, 5,000 books, or 1,500 audio-visual products or electronic publications (boxes), the unit shall Illegal operation of more than 50,000 newspapers, 50,000 periodicals, 15,000 books, or 5,000 audio-visual products or electronic publications (boxes);

4. Although the above amount standards are not reached, Those who have received administrative penalties more than twice within two years for illegally engaging in the publishing, printing, copying, and distribution business of publications, and are also illegally engaged in the publishing, printing, copying, and distribution business of publications.

(7) Leasing international dedicated lines, setting up private switching equipment or other methods to operate international telecommunications business or Hong Kong, Macao and Taiwan-related telecommunications business for profit without authorization, disrupting the management order of the telecommunications market, and falling under any of the following circumstances of:

1. The amount of operating outgoing calls is more than 1 million yuan;

2. The amount of telecommunications tariff losses caused by operating incoming calls is more than 1 million yuan;

3. Although the above amount standards are not reached, one of the following circumstances exists:

(1) Within two years, he has been punished for illegally operating international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan. Those who have received administrative penalties for more than two times and illegally operate international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan;

(2) Other serious consequences have been caused by illegally operating international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan.

(8) Engaging in other illegal business activities under one of the following circumstances:

1. The amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is 10,000 yuan Above;

2. The amount of illegal business operations of the unit is more than 500,000 yuan, or the amount of illegal income is more than 100,000 yuan;

3. Although the above amount standards are not reached, However, if you have received more than two administrative penalties for the same type of illegal business behavior within two years, and then carry out the same type of illegal business behavior;

4. Other serious circumstances.