1. The filing standard and sentencing of the crime of illegal business operation shall, in principle, be punished according to the amount involved, except for illegal telecom business operation.

however, if you engage in illegal business activities for many times, the amount involved should be calculated cumulatively.

II. Filing criteria and sentencing for the crime of illegal business operation

(1) Illegal business operation of communication services:

In violation of state regulations, illegal business operation of international telecommunications services or profit-making activities involving telecommunications services in Hong Kong, Macao and Taiwan by renting international private lines, privately setting up switching equipment or other methods shall be prosecuted if it is suspected of any of the following circumstances:

1. Business outgoing calls with a sum of more than one million yuan;

2. The loss of telecom charges caused by the operation of incoming services is more than one million yuan;

3. Although the above-mentioned amount standard has not been reached, he has been subjected to administrative punishment for more than two times for illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan, and has engaged in illegal business activities.

(2) illegal foreign exchange business:

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 2, US dollars, or with an illegal income of more than 5, yuan;

2. Companies, enterprises or other units, in violation of the regulations on foreign trade agency business, use illegal means, or knowingly use forged or altered vouchers or commercial documents to defraud others to buy foreign exchange from designated foreign exchange banks, with an amount of more than US$ 5 million, or with an illegal income of more than RMB 5,;

3. fraudulent purchase of foreign exchange through intermediary, with an amount of more than USD 1 million or an illegal income of more than RMB 1,.

(3) Illegal operation of publications:

1. The amount of illegal operation of individuals is more than 5, yuan, and that of units is more than 15, yuan;

2. If the illegal income of an individual is more than 2, yuan, the illegal income of a unit is more than 5, yuan;

3. Individuals illegally operate 5, newspapers or 5, periodicals or 2, books or 5 audio-visual products or electronic publications, while units illegally operate 15, newspapers or 15, periodicals or 5, books or 1,5 audio-visual products or electronic publications.

(4) illegal securities, futures or insurance business:

if the amount of illegal business is more than 3, yuan, or the amount of illegal income is more than 5, yuan, it shall be prosecuted.

(5) Engaging in other illegal business activities (bottom clause)

1. The amount of illegal business operations by individuals is more than 5, yuan, or the illegal amount is more than 1, yuan;

2. The amount of illegal business operation of the unit is more than 5, yuan, or the amount of illegal income is more than 1, yuan

3. Sentencing for this crime

Whoever commits this crime and disrupts the market order, 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. If a unit commits this crime, a double penalty system shall be implemented.