The crime of illegal business operation refers to the operation of franchised or exclusive items or other restricted items without permission, the sale of import and export licenses, certificates of import and export origin, and other business licenses or approval documents stipulated by laws and administrative regulations, as well as engaging in other Illegal business activities, disrupting market order, and acts with serious circumstances.

    1. Object Elements

    The object infringed by the crime of illegal business operation should be the market order. In order to ensure the restriction of the market for trading goods and import and export goods, the state implements a business license system for the above-mentioned goods. Among them, the import and export licensing system is an important part of the business licensing system. The behavior of buying and selling import and export licenses and import and export certificates of origin not only violates the market order, but also violates the foreign trade management system.

    2. Objective constituent elements

    The objective aspect of this crime is manifested in the operation of franchise, monopoly items or other items restricted from trading without permission, trading import and export licenses, certificates of origin for import and export, business licenses or approval documents stipulated by other laws and administrative regulations, and engaging in Other illegal business activities, disrupting market order, and acts with serious circumstances.

    Three, the main components

    The subject of this crime is the general subject, that is, all natural persons who have reached the age of criminal responsibility and are capable of criminal responsibility. Units established in accordance with the law and capable of responsibility can also become the subject of this crime. The subject of this crime, according to this article, is willing to refer to the operator, but under the conditions of the market economy, "no one does not negotiate", if the subject of this crime is limited to a special subject, many people will not have any business license (non-operating business license). The behavior of buying and selling goods and import and export licenses and import and export certificates of origin of the person) cannot be punished. Therefore, the subject of this crime is the general subject.

    4. Subjective constituent elements

    In the subjective aspect, this crime is constituted intentionally and has the purpose of making illegal profits. These are the two main contents of this crime in the subjective aspect. If the perpetrator does not intend to seek illegal profits, but because he does not understand laws and regulations, he or she buys and sells business licenses, and should not be punished for this crime, and the competent department should investigate him for administrative responsibility.