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| Summary of Judicial Interpretations on Illegal Business Crimes [2020 Latest Collation] (Index) |
| Source: Zhonglun Wende Taiyuan Law Firm to fight the epidemic according to the law of the fifth series of articles
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| 2020/3/3 9:57:55 |
Secretary General of Criminal Professional Committee of Provincial Lawyers Association, Deputy Director of Public and public legal Service Working Committee of Shanxi Lawyers Association。full-timeCriminal business,成
Gong defended his innocence and was exempted from criminal punishment in several cases, and was widely praised by the parties。
Editor's note: The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice recently issued the Opinions on Punishing Crimes Against the Prevention and Control of the Novel Coronavirus Infection Pneumonia Epidemic in accordance with the Law2020〕7号）。After combing and finding, this judicial interpretation and2003Interpretation on Several Issues concerning the Specific Application of Law in Handling Criminal Cases that Interfere with the Prevention and Control of Infectious Disease Outbreaks and Other Disasters (法释[2003]8号) Many of the terms are the same or similar。This is a joint document issued by the four departments of the Department of Public Prosecution and Law,2003It is a joint document issued by the two departments of the Supreme Law and the Supreme Procuratorate。This time involves a total of33One crime,21Generic subject。The number of crimes involved is the highest in history。The provisions on the crime of illegal business a total of two, than2003(9) Severely punish crimes of destroying wildlife resources in accordance with the law。Whoever, in violation of State regulations, illegally operates wildlife and its products not under special State protection (including opening trading places, conducting online sales, selling processed food, etc.) and disturbs market order, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225, paragraph 4, of the Criminal Law。” Our lawyer Meng Tangxi has summarized all the judicial explanations on the crime of illegal business operation and shared them with you。Please correct any errors or omissions。
As stipulated by judicial interpretation“Illegal operations that seriously disturb market order”（截至2020年2Month) Index
1、Illegal trading of foreign exchange。
Supreme People's Court and Supreme People's Procuratorate "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Illegal Fund Payment and Settlement Business and Illegal Foreign Exchange Trading" (Interpretation[2019]1号）
Decision of the Standing Committee of the National People's Congress on Punishing the Crimes of Fraudulently Purchasing, Evading and Illegally Trading Foreign Exchange (1998）
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of the Law in the Trial of Criminal Cases Involving Fraudulent Purchase of Foreign Exchange and Illegal Trade in Foreign Exchange (1998）
The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security<Minutes of the Joint meeting on cases of foreign exchange fraud and evasion>Notice "(public information word[1999]39号）
Supreme People's Procuratorate and Ministry of Public Security, Provisions on Standards for Filing and prosecuting Criminal Cases under the jurisdiction of Public Security Organs (2), Article 79
2、Operating illegal publications。
Supreme People's Court "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Illegal Publications" (interpretation[1998]30号）
Legal Policy Research Office of the Supreme People's Procuratorate "Reply to Issues concerning the definition of Illegal Business Activities" (High inspection R & D[2002]第24号）
Supreme People's Procuratorate and Ministry of Public Security, Provisions on Standards for Filing and prosecuting Criminal Cases under the jurisdiction of Public Security Organs (2), Article 79
3、Operating international telecommunications business without authorization。
Interpretation of the Supreme People's Court on Several Issues concerning the Specific Application of the Law in the Trial of Cases Disrupting the Order of Management of the Telecommunications Market (interpretation[2000]12号）
The Supreme People's Procuratorate "on the illegal operation of international or Hong Kong, Macao and Taiwan telecommunications business Act of the application of law" (high inspection release word[2002]1号）
Minutes of the Joint Meeting of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Handling Criminal Cases Involving Illegal International Telecommunications Business (Gongtong)[2002]29号）
Supreme People's Procuratorate and Ministry of Public Security, Provisions on Standards for Filing and prosecuting Criminal Cases under the jurisdiction of Public Security Organs (2), Article 79
4、Illegally engaged in fund payment and settlement business。
Supreme People's Court and Supreme People's Procuratorate "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Illegal Fund Payment and Settlement Business and Illegal Foreign Exchange Trading" (Interpretation[2019]1号）
Summary of the Symposium on Issues Related to the Handling of Crimes Involving Internet Finance, Supreme People's Procuratorate Public Prosecution Department (2017）
Supreme People's Procuratorate and Ministry of Public Security, Provisions on Standards for Filing and prosecuting Criminal Cases under the jurisdiction of Public Security Organs (2), Article 79
5、Illegal production and operation“clenbuterol”。
The Supreme People's Court and the Supreme People's Procuratorate "Interpretation on Several Issues concerning the Specific Application of the Law in Handling Criminal Cases Involving the Illegal Production, Sale and Use of Drugs Prohibited for Use in Feed and Drinking Water for Animals" (Interpretation[2002]26号）
6、Illegal salt trading。
Supreme People's Procuratorate "Interpretation on Several Issues concerning the Specific Application of the Law in Handling Criminal Cases of Illegal salt Trading" (High inspection and release word[2002]6号）
Supreme People's Procuratorate and Ministry of Public Security, Provisions on Standards for Filing and prosecuting Criminal Cases under the jurisdiction of Public Security Organs (2), Article 79
7、Price gouging during disasters such as infectious disease outbreaks。
Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of the Law in Handling Criminal Cases Affecting the Prevention and Control of Infectious Disease Outbreaks and Other Disasters(法释[2003]8号)
Supreme People's Court Supreme People's Procuratorate Public Security Ministry of Justice
Issued the "Opinions on Punishing Illegal and Criminal Offenses that Hinder the Prevention and Control of the Novel Coronavirus Infection Pneumonia Epidemic according to Law" notice 法发〔2020〕7号
8、Unauthorized operation of Internet and other businesses。
Notice of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on the Relevant Work of the Special Action against Pornographic Websites in accordance with the Law (Gongtong Word[2004]53号）
9、Issuing and selling lottery tickets without authorization。
Supreme People's Court and Supreme People's Procuratorate "Interpretation on Several Issues concerning the Specific Application of Law in Handling Criminal Gambling Cases"
10、Illegal usePOS机。
Supreme People's Court and Supreme People's Procuratorate "Interpretation on Several Issues concerning the Specific Application of Law in Handling Criminal Cases that Interfere with the Management of Credit Cards"(2018修正)
Supreme People's Court "On<Interpretation of several issues concerning the specific application of law in handling criminal cases of obstruction of credit card management>Reply to the Question of Retroactivity (Law Research[2010]70号）
11、Illegally dealing in tobacco products。
Supreme People's Court and Supreme People's Procuratorate "Interpretation on Several Issues Concerning the Specific Application of the Law in Handling Criminal Cases Involving the Illegal Production and Sale of Tobacco Monopoly Commodities" (Interpretation[2010]7号）
Supreme People's Court "Reply to the case of Defendant Li Minghua's Request for instructions in Illegal business operation" (Punishment[2011]第21号）
Supreme People's Procuratorate and Ministry of Public Security, Provisions on Standards for Filing and prosecuting Criminal Cases under the jurisdiction of Public Security Organs (2), Article 79
12、Illegal operation of securities business without approval。
Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the China Securities Regulatory Commission on Issues Related to the Rectification of Illegal Securities Activities (issued by the CSRC[2008]1号）
Supreme People's Procuratorate and Ministry of Public Security, Provisions on Standards for Filing and prosecuting Criminal Cases under the jurisdiction of Public Security Organs (2), Article 79
13、Raising funds by issuing fund shares without legal approval。
Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising by the Supreme People's Court (2010）
14、Illegal production and sale of non-food raw materials and additives。
Supreme People's Court and Supreme People's Procuratorate "Interpretation on Several Issues concerning the Application of Law in Handling Criminal Cases Endangering Food Safety" (2013）
15、Illegally set up pig slaughterhouses。
Supreme People's Court and Supreme People's Procuratorate "Interpretation on Several Issues concerning the Application of Law in Handling Criminal Cases Endangering Food Safety" (2013）
16、Profit-oriented“Cyber water army”行为。
Supreme People's Court and Supreme People's Procuratorate "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Defamation through Information Networks" (2013）
17、Illegal production and sale“Dummy base station”isoradio。
The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of State Security, "On Handling Illegal Production, Sale and Use in accordance with Law.“Dummy base station”Opinion on the Equipment Case (Public word[2014]13号）
The Supreme People's Court and the Supreme People's Procuratorate "Interpretation on Several Issues Concerning the Application of Law to Criminal Cases Involving Disturbing the Order of Radio Communication Management" (2017）
18、Engaging in the production and sale of illegal television network receiving equipment, providing downloading and linking services for illegal radio and television receiving。
Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the State Administration of Press, Publication, Radio, Film and Television on Strictly Cracking Down on Illegal and Criminal Activities of Illegal Television Network Receiving Equipment in accordance with the Law (New Radio and Television[2015]229号）
19、Illegal distribution of drugs。
Supreme People's Court and Supreme People's Procuratorate "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Endangering Drug Safety" (2014）
The Supreme People's Court and the Supreme People's Procuratorate "Interpretation on Several Issues concerning the Specific Application of the Law in Handling Criminal Cases Involving the Illegal Production, Sale and Use of Drugs Prohibited for Use in Feed and Drinking Water for Animals" (Interpretation[2002]26号）
20、Production and sales of non-pharmaceutical raw materials and auxiliary materials that do not meet the requirements for medicinal purposes。
Supreme People's Court and Supreme People's Procuratorate "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Endangering Drug Safety" (2014）
21、Illegal production and sale of electronic facilities and software with gambling functions。
Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Law in Handling Cases Involving the Establishment of Casinos Using Gambling Machines (2014）
22、Illicit trafficking of narcotic drugs or psychotropic substances that form an addiction。
Summary of the National Court Symposium on the Trial of Drug Crimes, Supreme People's Court (2015）
23、Illegally operating and selling domestic air tickets。
The Civil Aviation Administration of China, the State Development Planning Commission, the Ministry of Public Security, the State Administration of Taxation, and the State Administration for Industry and Commerce "Notice on Resolutely Cracking Down on the Hidden Sale and Illegal Operation and Sale of Domestic Air Tickets and Regulating the Order of the Air Transport Market" (Civil Aviation Caifang[2002]101号）
24、Operating wholesale business of refined oil products without administrative approval。
The Second Criminal Trial Division of the Supreme People's Court "Opinions on Whether the Operation of the Wholesale Business of Refined Oil Products without Administrative Approval Constitutes an Illegal Operation Crime" ([2008]The second letter of punishment108号）
25、Dealing in substances listed in the list of stimulants without authorization。
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to Criminal Cases Involving Smuggling, Illegal Business and Illegal Use of Stimulants[2019]16号
26、Illegal trade in non-State key protected wildlife and their products(Including the opening of trading venues, online sales, processed food sales, etc.
Supreme People's Court and Supreme People's Procuratorate Ministry of Public Security and Justice
Issued the "Opinions on Punishing Illegal and Criminal Offenses that Hinder the Prevention and Control of the Novel Coronavirus Infection Pneumonia Epidemic according to Law" notice 法发〔2020〕7号
