How to punish black gas stations?

First, how to punish black gas stations

1. Punishment of black gas station: This behavior constitutes the crime of illegal business operation, and it is punishable by fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than five times the illegal income 1. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than/kloc-0 but not more than 5 times the illegal income, or his property shall be confiscated.

2. Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC)

The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:

(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;

(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;

(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;

(four) other illegal business activities that seriously disrupt the market order.

Second, what are the constitutive elements of the crime of illegal business operation?

The constitutive elements of the crime of illegal business operation are as follows:

1, the object of infringement is market order;

2. Subjectively, it is intentional and has the purpose of seeking illegal interests;

3. Objectively, it is the act of dealing in franchise, monopoly goods or other restricted goods and buying and selling import and export licenses without permission;

4. The subject is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have the ability of criminal responsibility.