What are the penalties for operating genuine publications without a license?

In the current society, the publication and distribution of publications are subject to strict review by relevant state departments, and only publishing units established with state permission and approval can carry out the legal operation of publications. So, what are the penalties for operating genuine publications without a license? The editor of Legal Savior Network will give you the corresponding answers below for your reference and study. I hope the following answers will be helpful to you.

1. How to punish operating genuine publications without a license

For those who operate genuine publications without a license Those who operate genuine publications will be subject to the following penalties:

When the industrial and commercial administration departments investigate and ban suspected unlicensed operations, they may exercise the following powers:

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(1) Order to stop relevant business activities;

(2) Conduct unlicensed business operations Relevant units and individuals investigate and understand the relevant situation;

(3) Enter unlicensed business premises to conduct on-site inspections;

(4) Inspect, copy, seal up and detain contracts, bills, account books and other materials related to unlicensed business activities;

(5) Seize and seize tools, equipment, raw materials, products (commodities) and other property specifically used for unlicensed business activities;

(6) Seize any Evidence shows that unlicensed business premises endanger human health, present major safety hazards, threaten public safety, and damage environmental resources.

Illegal operation of publications, criminal punishment in serious cases:

1. Five years Reference points for the following statutory benchmark sentences of fixed-term imprisonment, criminal detention, and single fine

Illegal operation of publications amounting to 100,000 yuan or illegal income of 30,000 yuan or operation of 5,500 newspapers Or 5,500 periodicals or 2,500 books or 550 audio-visual products or electronic publications (boxes) shall be fined;

The illegal business amount is 100,000 yuan The above is less than 120,000 yuanOr the illegal income is more than 30,000 yuan but less than 40,000 yuan; or the business is more than 5,500 but less than 6,000 copies of newspapers; more than 5,500 but less than 6,000 periodicals; more than 2,500 but less than 3,000 books; or more than 550 audio-visual products or electronic publications (boxes) If the amount is less than 600 sheets (boxes), the sentence will be criminal detention;

The illegal business amount reaches 120,000 yuan or the illegal income is 40,000 yuan, or the operation is 6,000 copies of newspapers or 6,000 periodicals A person who has 3,000 copies of books or 600 audio-visual products or electronic publications will be sentenced to six months in prison for each additional crime amount of 3,000 yuan or illegal income of 800 yuan or 200 newspapers or 20 books or 20 electronic publications. Zhang (box), the sentence will be increased by one month.

2. Statutory base sentence reference point for fixed-term imprisonment of more than five years

Illegal business amount 25 Ten thousand yuan or illegal income of 70,000 yuan or operating 15,000 newspapers or 15,000 periodicals or 5,000 books or 1,500 audio-visual products or electronic publications (boxes) shall be sentenced to five years in prison;

For every additional 10,000 yuan in crime amount or 1,000 yuan in illegal income or 300 copies of newspapers or periodicals or 50 books or 20 electronic publications (boxes), the sentence will be increased by one month.

3. Reference points for statutory base sentences for persons responsible for unit crimes

If an unit commits a crime, the The person in charge and other directly responsible personnel who are directly responsible shall be sentenced in accordance with the aforementioned statutory benchmark penalty reference points.

4. Special provisions for upgraded sentencing

Habitual offenders, those who have been sentenced for crimes or If an illegal business operator has been punished twice or more, if the penalty is intended to be fined, it will be upgraded to criminal detention; if the penalty is intended to be criminalized, it will be upgraded to fixed-term imprisonment; if the penalty is fixed-term imprisonment, the penalty will be 10%.

"Criminal Law of the People's Republic of China"

Article 225 Crime of illegal business operations

Whoever violates state regulations and commits any of the following illegal business activities, disrupts market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be sentenced to: A fine of not less than one time but not more than five times the illegal income shall be imposed; if the circumstances are particularly serious, the person shall be sentenced to a fixed-term imprisonment of not less than five years.shall be punished, and shall be fined not less than one time but not more than five times the illegal income, or property shall be confiscated:

(1) Operating a franchise or monopoly stipulated in laws and administrative regulations without permission Articles or other items restricted from trading;

(2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses stipulated in laws and administrative regulations Certificate or approval document;

(3) Illegal operation of securities, futures, and insurance business without approval from the relevant national competent authorities, or illegally engaged in fund payment and settlement business ;

(4) Other illegal business activities that seriously disrupt market order.

2. Criteria for filing illegal publications

Criminal crimes related to illegal publications in my country's criminal law include copyright infringement, publishing discrimination, insulting minority works, etc. The filing standards for different crimes are different of.

"Criminal Law of the People's Republic of China"

Article 217 [Infringement of Copyright Crime] For the purpose of profit, if one of the following copyright infringement circumstances occurs, the amount of illegal gains is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the amount of illegal gains is huge or there are other If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined:

(1) Reproduction and distribution of written works without the permission of the copyright owner , music, movies, television, video works, computer software and other works;

(2) Publishing books for which others have exclusive publishing rights;

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(3) Copying and distributing the audio and video produced without the permission of the audio and video producer;

(4) Producing and selling works of art that counterfeit the signature of others.

Article 250 [Crimes of Publishing Works That Discriminate and Insult Ethnic Minorities] Publish works that discriminate against or insult ethnic minoritiesIf the content is egregious and causes serious consequences, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance.

The above is the answer given by the editor of Legal Savior Network on "What are the penalties for operating genuine publications without a license?" We can understand that the industrial and commercial administration departments Operating genuine publications without a license will be investigated and banned, and criminal penalties will be pursued in serious cases. If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.