1. What is the standard for filing the crime of illegal business operation?
(1) The amount of illegal business operation of an individual 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 the above standards are not met, 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-mentioned amount standard, it has received administrative punishment for the same illegal business operation for more than 2 times within two years, and then implemented the same illegal business operation;
(4) Other serious circumstances.
2. Legal basis: Article 79 of "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II)"
2. How to Punish the Crime of Illegal Business
According to the provisions of China's Criminal Law and related laws and regulations, an actor who commits the crime of illegal business needs to be punished as follows:
1. Whoever commits ordinary illegal business activities will be sentenced to fixed-term imprisonment of not more than five years.
2. If the circumstances are particularly serious, he will be sentenced to fixed-term imprisonment of more than five years, and concurrently fined more than one time but less than five times his illegal income or confiscated property. Illegal business behavior generally refers to the behavior that the actor engages in monopoly, exclusive sale of goods or other restricted trading of goods stipulated by laws and administrative regulations without permission
I hope the above contents can help you, and if you have other questions, please consult a professional lawyer.
Legal basis: "People's Republic of China (PRC) * * *, Article 225 of the Criminal Law
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 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, or only, be fined not less than one time but not more than five times the illegal income or his property shall be confiscated:
(1) engaging in the franchise, monopoly goods or other goods whose trading is restricted as stipulated by laws and administrative regulations without authorization;
(2) buying and selling business licenses or approval documents stipulated by laws and administrative regulations, such as import and export licenses, import and export certificates of origin;
(3) illegally dealing in securities without the approval of the relevant competent department of the state;
(4) illegally dealing in securities without the approval of the relevant competent department of the state. With the approval of the relevant competent departments of the state, illegally engaging in securities, futures and insurance business, or illegally engaging in fund payment and settlement business;
(4) other illegal business operations that seriously disrupt the market order.