Legal analysis
Operators are legal if they have legal documents, otherwise they are illegal. Whether it is illegal to buy or sell illegally exploited river sand depends on the business amount: 1, the illegal business amount of individuals is more than 50 thousand yuan, and the illegal business amount of units is more than150 thousand yuan; 2, the amount of illegal income of individuals is more than twenty thousand yuan, and the amount of illegal income of units is more than fifty thousand yuan. Whoever, in violation of the provisions of the Mineral Resources Law, mines without obtaining a mining license, enters a mining area planned by the state, a mining area of great value to the national economy or other people's mining areas without authorization, or mines a specific mineral subject to protective mining as stipulated by the state, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also or shall only be fined; If the circumstances are especially 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. It is illegal to issue a business license without the approval and registration of the administrative department for industry and commerce, and it should be banned. If the illegal income is confiscated, a fine of less than 5,000 yuan may be imposed.
legal ground
Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, 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 his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business 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.