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How to punish the unlicensed operation of the network car
1, the network car has no operating license. Taxi administrative departments and price departments at or above the county level will generally order them to make corrections according to their duties, and impose a fine of more than 5000 yuan 10000 yuan for each illegal act;
2. If the circumstances are serious, a fine ranging from 10000 yuan to 30000 yuan shall be imposed;
3. Whoever constitutes a crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Application process of network car driver's license:
1. Submit for approval. For online registration, you can log in to the relevant online system to complete online registration and login, and fill in relevant information and submit it for review as required;
2. Submit application materials. After the online registration has passed the examination, the applicant must bring the relevant application materials to the site to submit paper materials, collect fingerprints and photos, and handle the examination appointment and other related matters according to the agreed time and place;
3. About the examination place. The specific location can be found on the website;
4. Voluntary training. In accordance with the provisions of the Administrative Licensing Law and the requirements of the municipal government, whether the driver qualification examination has been trained follows the principle of voluntary applicants.
The constitutive requirements of the crime of illegal business operation are:
1, the object elements, the object of this crime is the national market management system that restricts the sale of goods and business licenses.
2. objective factors. Objectively, this crime is manifested as engaging in franchise, monopoly of commodities or other commodities with restricted operation without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, and engaging in other illegal business activities that disrupt market order and have serious circumstances.
3, the main elements, the subject of this crime is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have criminal responsibility ability. A legally established and responsible unit can also be the subject of this crime. According to this article, the subject of this crime refers to the business operator. However, under the condition of market economy, "no one does not do business". If the subject of this crime is limited to a special subject, many acts of buying and selling goods, import and export licenses and import and export certificates of origin without any business license (non-operators) will not be punished. Therefore, the subject of this crime is the general subject.
4. Subjective elements: Subjectively, this crime is constituted by intention and has the purpose of seeking illegal interests, which are the two main contents of this crime. If the actor buys and sells the business license because he doesn't understand the laws and regulations, he should not be punished as this crime, and the competent department should investigate his administrative responsibility.
In summary, the taxi administrative department at or above the county level shall order it to make corrections, give it a warning, and impose a fine of 1 10,000 yuan but not more than 30,000 yuan; Whoever constitutes a crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Legal basis:
Article 64 of the Regulations of the People's Republic of China on Road Transport Management
In violation of the provisions of these regulations, those who engage in road transport business without obtaining a road transport business license shall be ordered by the road transport management institution at or above the county level to stop business; Illegal income, confiscate the illegal income, and impose a fine of more than 2 times the illegal income 10 times; If there is no illegal income or the illegal income is less than 20,000 yuan, a fine ranging from 30,000 yuan to 6,543,800 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
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