Legal analysis
Illegal production and operation, no production license, no business license, no approval from the safety supervision bureau, no special equipment use certificate. The state implements a licensing system for refined oil business. The term "refined oil" as mentioned in these Measures refers to gasoline, kerosene, diesel, ethanol gasoline, biodiesel and other alternative fuels that meet the national product quality standards and have the same purpose. Enterprises applying for the qualification of wholesale and storage of refined oil products shall apply to the competent commercial department of the local provincial people's government. After examination, the competent commerce department of the provincial people's government shall submit the preliminary examination opinions and application materials to the Ministry of Commerce, which shall decide whether to grant the license for wholesale and storage of refined oil. An enterprise applying for the qualification of retail operation of refined oil products shall apply to the competent commercial department of the municipal people's government where the district is located. After the examination by the commerce department of the municipal people's government, the preliminary examination opinions and application materials shall be submitted to the commerce department of the provincial people's government. The competent commercial department of the provincial people's government shall decide whether to grant the retail business license of refined oil.
legal ground
Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he 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 his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business 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.