Article 225 of the "Criminal Law": Anyone who violates state regulations and commits one of the following illegal business activities, disrupts market order, and the circumstances are serious shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to or A fine of not less than one time but not more than five times the illegal income shall be imposed; if the circumstances are particularly serious, the offender 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 the illegal income or property shall be confiscated.
Second, the criteria for conviction of the crime of privately slaughtering and indiscriminately slaughtering pigs
1. Operating franchised or monopolized commodities or other commodities 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 in laws and administrative regulations;
3. Without approval from the relevant national competent authorities , illegally engage in securities, futures, insurance business, or illegally engage in fund payment and settlement business; (4) Other illegal business activities that seriously disrupt market order can be defended by lawyers;
3. Determination of illegal operations
1. The criminal illegality of this crime is consistent with its administrative illegality. That is to say, illegal operators must violate relevant industrial and commercial laws and regulations. Without administrative illegality, there is no criminal illegality. . Under the condition that my country's current administrative and economic laws and regulations are not perfect, when investigating whether a certain pasting behavior violates national regulations, it is necessary to have an in-depth understanding of the spirit of national policies, and guide it to the situation where it is neither suitable for promotion nor urgent to ban it. Development in a direction conducive to society.
2. Subjectively, this crime requires that the perpetrator must be intentional. For those who engage in illegal business because they are unaware of the violation of the law, it is not considered to constitute this crime, and the perpetrator can only be given administrative penalties;
3. This crime only constitutes a crime when the circumstances of the crime are serious, and Whether the circumstances are serious should be determined from the aspects of the amount and income of the illegal business, whether the perpetrator has carried out illegal business activities, whether it has caused heavy losses to the country or other serious consequences, and whether it has refused to repent despite administrative punishment.