In judicial practice, there are differences in the understanding of “other illegal business activities that seriously disrupt market order” in Article 252 of the Criminal Law. The legal basis is as follows:

1. Criminal Law of the People's Republic of China (revised in 1997)

Article 225 Whoever violates state regulations and commits any of the following illegal business activities, disrupts market order, and if the circumstances are serious, shall be punished with a five-year fine Fixed-term imprisonment of not less than 1 year or criminal detention, and concurrently or solely a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, the sentence is to be not less than five years in prison and a fine of not less than one time but not more than five times the illegal income, or confiscation of property: < /p>

(1) Operating special items or other restricted items stipulated in laws and administrative regulations without permission;

(2) Buying and selling import and export licenses, import and export original Certificate of origin and other business licenses or approval documents stipulated in laws and administrative regulations;

(3) Other illegal business behaviors that seriously disrupt market order.

2. "Amendment to the Criminal Law of the People's Republic of China"

8. An item is added to Article 225 of the Criminal Law as the third item: "Unauthorized Illegal operation of securities, futures or insurance business with the approval of the relevant national competent authorities;” the original third item is changed to the fourth item.

3. "Amendment to the Criminal Law of the People's Republic of China (Seven)"

5. Amend the third item of Article 225 of the Criminal Law to: "Not Illegal operations of securities, futures, and insurance businesses with the approval of relevant national competent authorities, or illegal fund payment and settlement businesses;"

4. "The Supreme People's Court's Notice on the Accurate Understanding and Application of "State Provisions" in the Criminal Law Notice on Relevant Issues"

When hearing cases of illegal business operations, people's courts at all levels must strictly grasp the scope of application of Article 225 (4) of the Criminal Law in accordance with the law. If the relevant judicial interpretation does not clearly stipulate whether the defendant's behavior falls within "other illegal business activities that seriously disrupt market order" as stipulated in Article 225(4) of the Criminal Law, it shall be regarded as a matter of legal application and shall be dealt with step by step. Request instructions from the Supreme People's Court.

5. "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Fraudulent Purchase of Foreign Exchange and Illegal Purchase and Sale of Foreign Exchange"

Article 3: The designated foreign exchange banks and the China Foreign Exchange Trading Center and their Anyone who buys or sells foreign exchange outside the branch center, disrupts the order of the financial market, and falls under any of the following circumstances shall be convicted and punished in accordance with the provisions of Article 225 (3) of the Criminal Law:

(1) Illegal buying and selling of foreign exchange More than 200,000 US dollars;

(2) Illegal income of more than 50,000 yuan.

Article 4 A company, enterprise or other unit violates the regulations on foreign trade agency business, uses illegal means, or knowingly forges or alters vouchers or commercial documents to fraudulently purchase foreign exchange from designated banks for others. If the amount of foreign exchange exceeds five million US dollars or the illegal income exceeds RMB 500,000, he shall be convicted and punished in accordance with the provisions of Article 225 (3) of the Criminal Law.

Any intermediary who fraudulently purchases more than one million U.S. dollars in foreign exchange or whose illegal income exceeds RMB 100,000 shall be convicted and punished in accordance with the provisions of Article 225, Item (3) of the Criminal Law.

6. "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Publications"

Article 11 Violates national regulations and publishes, prints, reproduces and distributes Article 1 of this Interpretation Illegal publications other than those stipulated in Articles 1 to 10 that seriously endanger social order and disrupt market order, if the circumstances are serious, shall be convicted and punished for the crime of illegal business in accordance with the provisions of Article 225 (3) of the Criminal Law. .

Article 15 Whoever illegally engages in the publishing, printing, reproduction, and distribution business of publications, seriously disrupting market order, and the circumstances are particularly serious and constitutes a crime, may be punished in accordance with Article 225 of the Criminal Law ( According to the provisions of Item 3), the person shall be convicted and punished for the crime of illegal business operation.

7. "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases Disturbing the Management Order of the Telecommunications Market"

Article 1 Violates national regulations by renting international dedicated lines and privately setting up transfer equipment or other methods, without authorization to operate international telecommunications business or telecommunications business involving Hong Kong, Macao and Taiwan for profit-making activities, disrupting the management order of the telecommunications market, and if the circumstances are serious, he will be charged with the crime of illegal business in accordance with the provisions of Article 225 (4) of the Criminal Law. Conviction and punishment.

8. "Reply of the Supreme People's Procuratorate on the Application of Laws to Illegal Operation of International or Hong Kong, Macao and Taiwan Telecommunications Business"