(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(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.
Second, the prevention of the crime of illegal business operations, disrupting the market order when controlling the epidemic situation of sudden infectious diseases 1, the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Disasters such as Prevention and Control of Sudden Infectious Diseases.
Article 6 During the period of prevention and control of sudden infectious diseases and other disasters, whoever, in violation of the provisions of the State on market operation and price management, drives up prices and profiteers, seriously disrupts the market order, and the amount of illegal income is relatively large or there are other serious circumstances, shall be convicted of the crime of illegal operation in accordance with the provisions of Item 4 of Article 225 of the Criminal Law and be severely punished according to law.
2. Opinions of the Ministry of Public Security and the Ministry of Justice, the Supreme People's Procuratorate and the Supreme People's Court, on punishing illegal crimes that hinder the prevention and control of novel coronavirus according to law.
(four) severely punish the crime of driving up prices according to law. During the period of epidemic prevention and control, whoever, in violation of the provisions of the state on market operation and price management, hoards and drives up the prices of protective articles such as masks, goggles, protective clothing, disinfectants, etc. urgently needed for epidemic prevention and control, drugs or other articles related to the national economy and people's livelihood, and makes huge profits, or has other serious circumstances, thus seriously disrupting the market order, shall be convicted and punished for the crime of illegal operation in accordance with the provisions of Item 4 of Article 225 of the Criminal Law.
Three. The Supreme People's Procuratorate and the Ministry of Public Security's Notice on Printing and Distributing the 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) (Gong Tong Zi [20 10] No.23) 2010.
Article 79 Whoever, in violation of State regulations, conducts illegal business activities and disrupts market order and is suspected of any of the following circumstances, shall file a case for prosecution:
(1) Illegal production, storage, transportation and sale of salt in violation of state regulations on salt management, disrupting market order, under any of the following circumstances:
1. The amount of salt illegally handled is more than 20 tons;
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 laws and regulations of the State on tobacco monopoly administration, illegally dealing in tobacco monopoly products without the permission of the department of tobacco monopoly administration, tobacco monopoly production enterprises, tobacco monopoly wholesale enterprises, tobacco monopoly enterprises and tobacco monopoly retail licenses, under any of the following circumstances:
1. The amount of illegal business operation 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.
(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 department of the state, under any of the following circumstances:
1. illegally engaging in securities, futures and insurance business, with the 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.
(four) in any of the following circumstances, it is illegal to operate foreign exchange:
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 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.
(five) 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) publishing, printing, copying and distributing illegal publications twice or more within two years, publishing, printing, copying and distributing 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 operation by individuals is more than 150,000 yuan, and the amount of illegal business operation by 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) Under any of the following circumstances, engage in international telecommunications business or profit-making activities involving telecommunications business 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:
1. The amount of outbound 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 amount standard, it has one of the following circumstances:
(1) Being subject to administrative punishment more than twice in two years for illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan;
(two) illegal operation of international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan, causing other serious consequences.
(eight) engaged in other illegal business activities, with 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 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.
Four. Crime of illegal business illegal trading of foreign exchange Decision of the National People's Congress Standing Committee (NPCSC) on punishing the crimes of fraudulent purchase of foreign exchange, evasion of foreign exchange and illegal trading of foreign exchange 1998 IV. Whoever illegally buys or sells foreign exchange outside the trading places stipulated by the state and disrupts the market order, if the circumstances are serious, shall be convicted and punished in accordance with the provisions of Article 225 of the Criminal Law. Where a unit commits the crime mentioned in the preceding paragraph, it shall be punished in accordance with the provisions of Article 231st of the Criminal Law.
Verb (abbreviation of verb) Crime of illegal business operation * * * Illegal fund payment and settlement business and the Eighth Amendment of People's Republic of China (PRC) Criminal Law.
One item is added to Article 225 of the Criminal Law as Item 3: "Those who engage in securities, futures or insurance business illegally without the approval of the relevant competent departments of the state; The original item 3 was changed to item 4. Amendment to the Criminal Law of People's Republic of China (PRC) (VII) 5. Item 3 of Article 225 of the Criminal Law is amended as: "Without the approval of the relevant competent department of the state, illegally engaging in securities, futures and insurance business or illegally engaging in fund payment and settlement business;"
Six, the crime of illegal business illegal sale of wild animals related documents the Supreme People's Court on the trial of criminal cases of destruction of wild animal resources, the specific application of the law to explain some issues 2000.
Article 9 Whoever forges, alters or buys or sells official documents and certificates such as wildlife import and export license, special hunting and catching license, hunting license, domestication and breeding license issued by state organs. If the case constitutes a crime, he shall be convicted and punished for the crime of forging, altering or buying or selling official documents and certificates of state organs in accordance with the provisions of the first paragraph of Article 280 of the Criminal Law.
If the above-mentioned acts constitute a crime and the crime of illegal business operation as stipulated in the second paragraph of Article 225 of the Criminal Law, they shall be convicted and punished in accordance with the provisions of heavier punishment.
Seven, the crime of illegal tobacco products on the handling of counterfeit and shoddy tobacco products and other criminal cases applicable legal issues, in 2003.
Three, about the illegal operation of tobacco products applicable legal issues.
Whoever produces, wholesales or retails tobacco products without the permission of the department of tobacco monopoly administration and without a production license, wholesale license or retail license shall be convicted and punished in accordance with the provisions of Article 225 of the Criminal Law:
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. Being subject to more than two administrative punishments for illegally operating tobacco products, and the illegal business amount is more than 20,000 yuan.
Fourth, about * * *
Anyone who knows or should know that others have committed the criminal acts specified in Articles 1 to 3 of the Summary and still commits one of the following acts shall be deemed as a * * * offender and shall be investigated for criminal responsibility according to law:
1, directly involved in the production and sale of counterfeit and shoddy tobacco products or the sale of tobacco products with counterfeit registered trademarks, or directly involved in the illegal operation of tobacco products and played a major role in it;
2 to provide housing, venues, equipment, vehicles, loans, funds, account numbers, invoices, certificates, technology and other facilities and conditions. Helping to produce, sell, store and transport fake and shoddy tobacco products and illegally dealing in tobacco products;
3. Transport fake and shoddy tobacco products. Among the above-mentioned personnel, those who report other people's crimes are verified by investigation, or who provide important clues and have rendered meritorious service may be given a lighter or mitigated punishment; Those who have made significant meritorious service may be mitigated or exempted from punishment.
Five, the staff of state organs to participate in the implementation of the "summary" of the provisions of the first to third criminal penalties.
According to the provisions of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Producing and Selling Fake and Inferior Commodities, any functionary of a state organ who participates in the criminal acts specified in Articles 1 to 3 of this Summary shall be given a heavier punishment.
Six, about one crime and several crimes.
If the perpetrator's criminal acts also constitute crimes such as producing and selling fake and inferior products, selling goods with counterfeit registered trademarks, and illegal business operations, he shall be convicted and punished in accordance with the provisions of heavier punishment.
Seven. Whoever knowingly conceals or transfers tobacco products that are illegally manufactured and sold shall be convicted and punished for the crime of concealing or transferring stolen goods in accordance with the provisions of Article 312 of the Criminal Law.
Eight. Conviction and punishment for obstructing tobacco monopoly law enforcement officers from performing their duties according to law by violence or threat; Whoever obstructs tobacco monopoly law enforcement officers from performing their duties according to law by violence or threats shall be convicted and punished for obstructing official duties in accordance with the provisions of Article 277 of the Criminal Law.
Nine, about inciting people to violently resist the implementation of the tobacco monopoly law conviction and punishment.
Whoever incites the masses to violently resist the enforcement of the tobacco monopoly law shall be convicted and punished for the crime of inciting violence to resist the enforcement of the law in accordance with the provisions of Article 278 of the Criminal Law.
Ten, about the identification problem
The identification of fake and shoddy tobacco products shall be carried out by the tobacco product quality supervision and inspection institutions at or above the provincial level authorized by the State Department of Tobacco Monopoly Administration in accordance with the relevant provisions of the Measures for the Administration of Identification and Inspection of Fake and Inferior Cigarettes and the Rules for Identification and Inspection of Fake and Inferior Cigarettes formulated by the State Tobacco Monopoly Bureau.
The identification of fake and shoddy tobacco special machinery shall be carried out by the national quality supervision department or the national tobacco quality supervision and inspection center entrusted by it according to the relevant technical standards of the tobacco industry.
XI。 Scope of tobacco products and cigarettes
The tobacco products mentioned in this Summary refer to cigarettes, cigars, cut tobacco, redried tobacco leaves, tobacco leaves, cigarette paper, filter rods and cigarette tows. Cigarettes mentioned in this summary include loose cigarettes and finished cigarettes.
Eight. Illegal lending is the crime of illegal business operation. Opinions of the Supreme People's Procuratorate and the Supreme People's Court of the Ministry of Public Security and the Ministry of Justice on Several Issues Concerning Handling Criminal Cases of Illegal Lending 20 19
In order to punish the criminal activities of illegal lending in accordance with the law, earnestly safeguard the order of the national financial market and social harmony and stability, effectively prevent illegal lending from inducing illegal and criminal activities involving black and evil, and protect the legitimate rights and interests of citizens, legal persons and other organizations, according to the provisions of the Criminal Law, the Criminal Procedure Law and relevant judicial interpretations and normative documents, we hereby put forward the following opinions on several issues concerning handling criminal cases of illegal lending:
1. Whoever, in violation of state regulations, regularly gives loans to unspecified social objects for the purpose of making profits without the approval of the regulatory authorities or beyond the scope of business, thus disrupting the order of the financial market, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Item (4) of Article 225 of the Criminal Law.
The term "regularly granting loans to unspecified social objects" as mentioned in the preceding paragraph refers to granting funds to unspecified people (including units and individuals) in the form of loans or other names for more than 10 times within two years.
If the repayment period is extended after the loan expires, the number of loan issuance shall be calculated as 1 time.
Two, the implementation of illegal lending in accordance with the provisions of Article 1 of this opinion, the actual annual interest rate of more than 36%, under any of the following circumstances, belongs to the "serious circumstances" as stipulated in Article 225 of the Criminal Law, but the actual annual interest rate of a single illegal lending behavior does not exceed 36%, not included in the conviction and sentencing:
(a) the cumulative amount of illegal lending by individuals is more than 2 million yuan, and the cumulative amount of illegal lending by units is more than 6,543,800 yuan;
(two) the cumulative amount of illegal income of individuals is more than 800 thousand yuan, and the cumulative amount of illegal income of units is more than 4 million yuan;
(3) There are more than 50 illegal lending targets for individuals and more than 150 illegal lending targets for units;
(4) Causing serious consequences such as suicide, death or mental disorder of the borrower or his close relatives.
Under any of the following circumstances, it is "especially serious" as stipulated in Article 225 of the Criminal Law:
(1) The accumulated amount of illegal lending by individuals is more than 6.5438+million yuan, and the accumulated amount of illegal lending by units is more than 50 million yuan;
(two) the cumulative amount of illegal income of individuals is more than 4 million yuan, and the cumulative amount of illegal income of units is more than 20 million yuan;
(3) Individuals illegally lend more than 250 people, and units illegally lend more than 750 people;
(4) Causing particularly serious consequences such as suicide, death or mental disorder of several borrowers or their close relatives.
Third, the amount of illegal lending, the amount of illegal income, and the number of illegal lending objects are close to the starting point standards of the amount and quantity of "serious circumstances" and "especially serious circumstances" as stipulated in Article 2 of this opinion. In any of the following circumstances, they can be respectively identified as "serious circumstances" and "especially serious circumstances":
(a) 2 years due to illegal lending by more than 2 administrative penalties;
(2) Illegal lending at the actual annual interest rate of more than 72% 10 times or more.
The "closure" mentioned in the preceding paragraph shall generally be more than 80% of the corresponding amount and quantity standard.
Four, only to relatives and friends, internal personnel and other specific objects of lending, shall not be convicted and punished according to the provisions of Article 1 of this opinion. However, in any of the following circumstances, it shall be convicted and sentenced together with illegal lending to unspecified objects:
(1) Lending loans to unspecified objects through specific objects such as relatives, friends and employees;
(two) for the purpose of issuing loans, absorbing social personnel as internal personnel of the unit and issuing loans to them;
(three) to the public, and at the same time to an unspecified number of people and their relatives, internal employees and other specific objects of loans.
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