On The Crime Of Illegal Business

The thesis illustrate the set objective conditions to illegal business operation in criminal law, which include the following three aspects that are of:1, Being against the laws formulated by the National People's Congress and the Standing Committee of the National People's Congress, and the administrative decrees formulated by the State Council on forbidding to run the commodities that are not allowed to or that are monopolized, restricted to against the institution on the license, approval to some business operation.2, Being the actions that are illegal operation or against the market order, which include running the commodities monopolized, restricted to, according to the laws, the administrative decrees, without Import and Export Certificate of Origin and other Instrument of Ratification, licenses based on the laws and the administrative decrees, illegally engaging in bond, futures or Insurance, and also illegally operating business that seriously disrupt the market order.3, Being serious illegal action, which should be under the consideration of the amount of the illegal income as well as other cases, among which the first one shall be paid most attention. Finally the standard of the amount of the illegal income shall be made based on the judicatory explanation.It illustrates the conditions consisting the crime of illegal business operation on the subject which can be a common subject, a natural person, as well as unit, also on the subjective, which proves to be a designed intention that can only be direct and with the purpose of getting illegal benefit.It illustrates the borderline between the crime of illegal business and the none-criminal, which includes the borderline between the crime of illegal business operation and the legal business operation, the borderline between the action of the crime of illegal business operation and the common illegal business operation.It also illustrates the differences between the crime of the illegal business operation and other similar crimes, which include the borderline between the crime of illegal business operation and the smuggling crimes, the borderline between the crime of illegal business operation and the crime of dealing official documents, certificate and stamps, the borderline between the crime of illegal business operation and the crime of the production, sale of counterfeit commodities.It illustrates the set contents of criminal penalty of the crime of illegal business operation in criminal law. The natural person who commits the crime of illegalbusiness operation shall receive the set term of imprisonment no more than five years or a few-month-imprisonment, as well as or being singly fined one to five times of the amount of the illegal income.If it's serious enough, the term of imprisonment shall be over five years together with the fine of one to five times of the amount of the illegal income or even receive the punishment of seizure of the person' property .If it is the unit that commits this crime ,the unit shall be fined, and the persons in charge of this operation and other persons taking direct responsibility, as the natural person who commits this crime , shall receive five years of imprisonment or the few-year-imprisonment , as well as or singly being fined one to five times of the amount of the illegal income . If it is serious enough the term of imprisonment shall be beyond five years as well as being fined one to five times of the illegal income or even receive the punishment of the seizure of the persons' property.