1) article 225 of the criminal law (revised in 1997) the crime of illegal business operation violates state regulations and commits one of the following illegal business operations, disrupting market order. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely 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 of his illegal income or confiscated property:
(1) engaging in franchise or monopoly of commodities or other commodities whose operation 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;
(3) other illegal business operations that seriously disrupt the market order.
2) Article 79 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Public Security Organs to Jurisdicte Criminal Cases [Illegal Business Cases (Article 225 of the Criminal Law)] violates state regulations, engages in illegal business activities and disturbs the market order, and should be filed for prosecution under any of the following circumstances:
(1) illegally produces, stores, transports and sells salt in violation of state regulations on salt management, which disturbs the market order.
2. Having been given administrative punishment for illegal salt business for more than two times, and the amount of illegal salt business is more than ten tons.
(2) Violating the laws and regulations of the state on tobacco monopoly administration, illegally dealing in tobacco monopoly products without the permission of the tobacco monopoly administrative department, and without tobacco monopoly production enterprises, tobacco monopoly wholesale enterprises, tobacco monopoly enterprises and tobacco monopoly retail licenses, under any of the following circumstances:
1. The amount of illegal business is more than 5, yuan, or the amount of illegal income is more than 2, yuan;
2. illegally handling more than 2, cigarettes;
3. Having been punished twice or more for illegally operating tobacco monopoly products within three years, and the amount of illegally operating tobacco monopoly products is more than 3, yuan.
(3) illegally engaging in securities, futures and insurance business, or illegally engaging in fund payment and settlement business without the approval of the relevant competent department of the state, under any of the following circumstances:
1. illegally engaging in securities, futures and insurance business, with an amount of more than 3, yuan;
2. illegally engaging in fund payment and settlement business, with an amount of more than 2 million yuan;
3. In violation of state regulations, directly pay cash to credit card holders by means of fictitious transactions, false prices, cash return, etc. by means of point-of-sale terminal equipment (POS machines). The amount is more than 1 million yuan, or the funds of financial institutions are overdue by more than 2, yuan, or the economic losses of financial institutions are more than 1, yuan;
4. The amount of illegal income is more than 5, yuan.
(4) It is illegal to operate foreign exchange under any of the following circumstances:
1. Buying and selling foreign exchange outside designated foreign exchange banks and China Foreign Exchange Trading Center and its sub-centers, with an amount of more than 2, US dollars, or with an illegal income of more than 5, yuan;
2. A company, enterprise or other unit violates the regulations on foreign trade agency business by fraudulently buying foreign exchange for others from designated foreign exchange banks, or knowingly forging or altering vouchers or commercial documents, with an amount of more than 5 million US dollars or an illegal income of more than 5, yuan;
3. fraudulently purchasing foreign exchange through an intermediary, with an amount of more than USD 1 million or an illegal income of more than RMB 1,.
(5) publishing, printing, copying and distributing illegal publications that seriously endanger social order and disrupt market order, under any of the following circumstances:
1. The amount of illegal business by individuals is more than 5, yuan, and that by units is more than 15, yuan;
2. The amount of illegal income of an individual is more than 2, yuan, and the amount of illegal income of a unit is more than 5, yuan;
3. Individuals illegally operate 5, newspapers or 5, periodicals or 2, books or 5 kinds of audio-visual products and electronic publications, while units illegally operate 15, newspapers or 15, periodicals or 5, books or 1,5 kinds of audio-visual products and electronic publications;
4. Although it does not meet the above-mentioned amount standard, it has one of the following circumstances:
(1) publishing, printing, copying and distributing illegal publications for more than two times in two years, publishing, printing, copying and distributing illegal publications;
(2) publishing, printing, copying and distributing illegal publications, which has caused adverse social impact or other serious consequences.
(6) illegally engaging in publication, printing, reproduction and distribution, which seriously disrupts the market order, under any of the following circumstances:
1. The amount of illegal business by individuals is more than 15, yuan, and the amount of illegal business by units is more than 5, yuan;
2. The amount of illegal income of an individual is more than 5, yuan, and the amount of illegal income of a unit is more than 15, yuan;
3. Individuals illegally operate 15, newspapers and periodicals or 5, books or 1,5 audio-visual products and electronic publications, while units illegally operate 5, newspapers and periodicals or 15, books or 5, audio-visual products and electronic publications;
4. Although the above-mentioned amount standard is not met, he/she has been subjected to administrative punishment for illegally engaging in publishing, printing, reproduction and distribution for more than two times within two years.
(7) Under any of the following circumstances, engage in international telecommunications business or profit-making activities involving telecommunications business in Hong Kong, Macao and Taiwan without authorization by renting international private lines, privately setting up exchange equipment or other means, thus disrupting the management order of the telecommunications market:
1. The amount of outbound business is more than one million yuan;
2. The loss of telecommunication charges caused by the operation of inbound business is more than one million yuan;
3. Although it does not meet the above-mentioned amount standard, it has one of the following circumstances:
(1) It has been subject to administrative punishment more than twice in two years for illegally operating international telecommunications services or telecommunications services involving Hong Kong, Macao and Taiwan;
(2) illegal operation of international telecommunication business or telecommunication business involving Hong Kong, Macao and Taiwan, which causes other serious consequences.
(8) Engaging in other illegal business activities under any of the following circumstances:
1. The amount of illegal business operations by individuals is more than 5, yuan, or the amount of illegal income is more than 1, yuan;
2. The illegal business operation amount of the unit is more than 5, yuan, or the illegal income amount is more than 1, yuan;
3. Although it does not meet the above amount standard, it has been punished twice or more for the same illegal business operation within two years, and the same illegal business operation has been carried out;
4. Other serious circumstances.