According to Article 55 of the Regulations on the Administration of Publishing:
Without approval, those who set up publishing, printing, copying, importing and distributing units of publications without authorization, or engage in publishing, printing, copying, importing and distributing publications without authorization, or publish publications by counterfeiting the names of publishing units or forging or counterfeiting the names of newspapers and periodicals, shall be banned by the publishing administrative department and the administrative department for industry and commerce according to their statutory functions and powers.
In accordance with the provisions of the Criminal Law on the crime of illegal business operation, criminal responsibility shall be investigated according to law.
If it is not serious enough for criminal punishment, publications, illegal income and special tools and equipment used for illegal activities shall be confiscated. If the illegal business amount is more than 6,543.8+0,000 yuan, a fine of more than 5 times and less than 654.38+0 times shall be imposed. If the illegal business amount is less than 6,543,800 yuan, a fine of 6,543,800 yuan and 50,000 yuan will be imposed. Whoever infringes upon the lawful rights and interests of others shall bear civil liability according to law.
Extended data:
Determination of the crime of illegal business operation
1. Criminal violations are consistent with administrative violations, that is, illegal operators must violate relevant industrial and commercial laws and regulations, and there is no criminal violation without administrative violations.
2. Subjectively, the actor must be intentional and take profit as the purpose. Those who engage in illegal business knowing that it is illegal and not for profit are not considered to constitute, and only administrative punishment can be given to the perpetrator.
3. Only if the circumstances of the crime are serious can it constitute a crime, and whether the circumstances are serious should be determined from the amount and income of illegal business operations, whether the actor has carried out illegal business operations, causing great losses to the country or other serious consequences, and whether he still refuses to repent after administrative punishment.
Market economy is not only a free economy, but also an economy ruled by law. To judge the crime of illegal business operation, we should pay attention to the following issues:
1. The illegality of illegal business operations must be in violation of national laws, administrative regulations and other normative documents.
The illegality of illegal business operation refers to the violation of state regulations. This "State Regulation" refers to decisions and orders that violate laws and decisions formulated by the National People's Congress and its Standing Committee, administrative regulations formulated by the State Council, prescribed administrative measures, and issued.
Violation of state regulations in the crime of illegal business operation refers to the provisions of the state on commodity monopoly or other laws and regulations restricting sales, as well as the provisions of the state on import and export licenses, import and export certificates of origin and other laws and regulations on business license and approval, so it does not mean violation of general business laws and regulations.
Operating without a license or operating beyond the scope itself is not illegal. It is illegal in the sense of criminal law to operate without a license or beyond the scope of business and need administrative permission.
For example, there is nothing in the business license to deal in tobacco, but if it goes beyond the scope, it is illegal, because tobacco is a franchise project. However, it is not illegal to operate beyond the scope or monopolize or restrict the sale of goods without administrative license or approval.
2. Other illegal business practices must be identified in strict accordance with the express provisions of the law.
According to the basic principle of "no crime and no punishment without explicit provisions in the law" in the criminal law, the identification of other illegal business activities should be carried out in strict accordance with the explicit provisions of the law, and criminal responsibility should be investigated according to law. The provisions of laws, administrative regulations or judicial interpretations on other illegal business operations should be restricted by the principle of "prohibiting the application of retroactivity", otherwise the scope of the crime of illegal business operations will be expanded at will.