Legal analysis
Practitioners illegally operating clinics will constitute the crime of illegal business. Generally sentenced to a fine, if there are other medical malpractice, will constitute other criminal offenses. Illegal business crime infringement of the object should be the market order, in order to ensure the restriction of the sale of goods and import and export of goods market, the state to implement the business licensing system of the above items. Among them, the import and export licensing system is an important element of the business licensing system. The act of buying and selling import and export licenses and import and export certificates of origin violates the foreign trade management system in addition to the market order. The objective aspect is manifested in the unauthorized operation of monopoly, monopoly goods or other restricted goods, the sale and purchase of import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated by laws and administrative regulations, as well as engaging in other illegal business activities, disrupting the market order, and the circumstances of the act are serious. The subjects of this crime are general subjects, i.e. all natural persons who have reached the age of criminal responsibility and have the capacity for criminal responsibility. Units established in accordance with the law and with the ability to assume responsibility can also become the subject of this crime. The subject of this crime, according to the original intention of this article refers to the operator, but in the market economy, "no one is not a businessman", if the subject of this crime is limited to a special subject, it will make a lot of trading goods without any business license (non-operator) and import and export licenses and import and export certificates of origin do not get punished, therefore, the subject of this crime is general subject. Therefore, the subject of this crime is a general subject. Units can also constitute the subject of this crime.
Legal basis
The Chinese People's **** and the Criminal Law of the State Article 225 Violation of state regulations, one of the following illegal business practices, disturbing the market order, the circumstances are serious, shall be sentenced to less than five years' fixed-term imprisonment or detention, and or a fine of more than double the illegal proceeds of more than five times; the circumstances are particularly serious, shall be sentenced to more than five years' fixed-term imprisonment, and more than five times the illegal proceeds of more than five times the illegal proceeds of more than five times the illegal proceeds of more than five times the fine. shall be sentenced to fixed-term imprisonment of not less than five years and a fine of not less than double and not more than five times the unlawful income or confiscation of property: (1) unauthorized operation of monopoly, exclusive goods or other goods restricted from trading as prescribed by laws and administrative regulations; (2) trading in import and export licenses, certificates of origin for import and export and other business licenses or approval documents as prescribed by laws and administrative regulations; (3) illegal operation of securities, futures, and other securities and futures transactions without approval of the competent national The competent authorities to approve the illegal operation of securities, futures, insurance business, or illegal to engage in capital payment and settlement business; (d) other serious disruption of market order of illegal business practices.