The concept of the crime of foreign exchange evasion and arbitrage refers to the serious behavior of enterprises, institutions, organs and groups owned by the whole people and collectively who violate foreign exchange management laws and regulations and obtain foreign exchange abroad, but should remit it back or not deposit it in a bank designated by the state, or illegally transfer domestic foreign exchange abroad, or use various illegal means to convert RMB or materials into foreign exchange or foreign exchange rights and interests that should be sold to the state.

Composition characteristics of the crime of foreign exchange evasion and arbitrage According to Article 9 of the Supplementary Provisions, the main characteristics of the crime of foreign exchange evasion and arbitrage are as follows:

(1) the object of crime. The object of this crime is the national foreign exchange management system. Article 3 of the Provisional Regulations on Foreign Exchange Control in People's Republic of China (PRC) stipulates:

People's Republic of China (PRC) prohibits the circulation, use and pledge of foreign currency, the unauthorized trading of foreign currency, arbitrage and evasion of foreign exchange in any form. Evasion of foreign exchange is a direct violation of the above-mentioned foreign exchange management regulations and undermines the state's unified foreign exchange management and operation system.

② The objective aspect of crime. Objectively speaking, foreign exchange obtained abroad in violation of foreign exchange control regulations should be repatriated but not repatriated, or not deposited in a bank designated by the state, or illegally transferred domestic foreign exchange abroad, or illegally occupied the state's foreign exchange or foreign exchange rights and interests, if the circumstances are serious.

③ Subject of crime. According to the provisions of Article 9 of the Supplementary Provisions, it is a public-owned unit. That is, enterprises, institutions, organs and organizations owned by the whole people and collectively.

④ Subjective aspects of crime. Subjectively, it can only be manifested as criminal intent, that is, knowingly committing such acts in violation of foreign exchange management laws and regulations, and sometimes it must have the purpose of illegal profit.

Criminal responsibility of the crime of foreign exchange evasion and arbitrage According to the provisions of Article 9, paragraph 1 of the Supplementary Provisions, China implements the principle of "double punishment system" for the criminal responsibility of the crime of foreign exchange evasion and arbitrage, that is, the public unit is fined, and the directly responsible person in charge and other directly responsible personnel of the unit are sentenced to fixed-term imprisonment of not more than five years or criminal detention.