Draw water with a bamboo basket will toil with no gain

-- Registration to the registration authority and obtain a business license is the premise to engage in business activities

  • Time: 2013-07-30 09:53:49
  • Source: SLEEING
  • Hit: 2564

  Case playback:

 

  In 2003 July, A, B, C, D in no business license and production license conditions, the E mine machinery factory workshop equipment seized for technical transformation after the production of "ground bar iron". During the period from 2003 October to 2004 July, four people buy scrap iron and steel 2752 tons, is the production and sale of "ground bar iron" 1455 tons, sales amount of 4658000 yuan. In the production, sales of "ground of steel" period, and although many times by the industry and commerce, quality supervision departments, and was ordered to stop production and business activities, but still continue to engage in production, sales of "ground of steel" activities. In 2004 August, E county public security organs will be four captured. In 2005 August, the people's court sentenced to four of the crime of illegal business operation, confiscate the illegal income.

 

  Intensive analysis:

 

  Enterprises and individuals to engage in business activities, must be in accordance with the law to the registration authority for registration and obtain a business license, or can not engage in business activities without obtaining a business license, and engages in business activities belong to unlicensed operators act, the administrative department for Industry and Commerce shall be banned, confiscated of the illegal income; violate the criminal law, in accordance with the provisions of the criminal law on the illegal business crime, the crime of major accident liability, major labor safety accident crime, the crime of dangerous goods or other crimes, shall be investigated for criminal responsibility according to law; not serious enough for criminal punishment, impose a fine of 20000 yuan on the harm of unlicensed behavior; large scale, serious, impose a fine of 20000 yuan of above 200000 yuan of the following license behavior harm; human health, there are significant security risks, threats to public safety, environmental resources, confiscated specifically for unlicensed tools, equipment, raw materials, products (goods) and other property management, impose a fine of 50000 yuan of above 500000 yuan of the following. The laws and regulations of our country, the following acts belong to unlicensed operators act:

  A. shall obtain and failure to obtain the license or other document of approval and business license, license behavior engages in business activities;

  B. does not need to obtain a license or other approval documents can be obtained a business license and fails to obtain a business license, license behavior engages in business activities;

  C. have to obtain license or other approval document, but not in accordance with the law to obtain business license, license behavior engages in business activities;

  D. has the cancellation of registration or the business license is revoked, and valid business license after the expiration of the term is not in accordance with the provisions to go through the formalities of registration, license behavior to continue to engage in business activities;

  E. beyond the approved scope of business, unauthorized engaged in illegal business activities shall obtain a license or other document of approval may engage in business activities.

  In this case, A, B, C, D without registration, production, sales of steel products in the case without a business license, belong to license behavior, and its production, sales are prohibited by the state have been eliminated products "ground of steel", seriously disrupting the order of the market economy, illegal business crime. Four business "ground of steel" in large amount, many times by the administrative punishment and ordered to stop production continued after production, if the circumstances are especially serious, shall be punished in accordance with the law.

 

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