Punish the crime of illegally operating fireworks and firecrackers
1. Units and individuals that have not obtained the safety production license for fireworks and firecrackers produce and sell fireworks and firecrackers without authorization, or sell black powder, initiating explosive devices and fuses to units and individuals that have not obtained the safety production license for fireworks and firecrackers, the safety production supervision and management department shall order them to stop illegal production and business activities, impose a fine of more than 20,000 yuan and less than 654.38 million yuan, and confiscate the illegal production and business items and illegal income;
2. Whoever transports fireworks and firecrackers by road without permission shall be ordered by the public security department to stop illegal transportation activities, and be fined between 6,543,800 yuan and 50,000 yuan, and the illegally transported articles and illegal income shall be confiscated.
Fireworks laws and regulations include "Regulations on the Safety Management of Fireworks and Firecrackers" and "People's Republic of China (PRC) Air Pollution Prevention Law". The specific provisions are:
The state implements a licensing system for the production, operation, transportation, holding fireworks parties and other large-scale fireworks display activities of fireworks and firecrackers. Without permission, no unit or individual may carry out the aforementioned fireworks and firecrackers.
It is forbidden to set off fireworks and firecrackers in protected areas of transportation hubs such as stations, docks and airports, cultural relics protection units, primary and secondary schools' campuses, and key forest fire prevention areas with large traffic.
Setting off fireworks and firecrackers cannot endanger public safety and personal and property safety.
To sum up: fireworks and firecrackers are managed by multiple departments, and the safety production supervision and management department is responsible for the safety production supervision and management of fireworks and firecrackers; The public security department is responsible for the safety management of fireworks and firecrackers; The quality supervision and inspection department is responsible for the quality supervision and import and export inspection of fireworks and firecrackers.
legal ground
Safety management of fireworks and firecrackers
essay
The state implements a licensing system for production, operation, transportation, holding fireworks parties and other large-scale fireworks display activities.
Without permission, no unit or individual may produce, operate or transport fireworks, or hold fireworks parties or other large-scale fireworks display activities.
Article 4
The safety production supervision and management department is responsible for the safety production supervision and management of fireworks and firecrackers; The public security department is responsible for the safety management of fireworks and firecrackers; The quality supervision and inspection department is responsible for the quality supervision and import and export inspection of fireworks and firecrackers.
Article 5
Public security departments, safety production supervision and management departments, quality supervision and inspection departments and administrative departments for industry and commerce shall, in accordance with the division of responsibilities, organize and investigate illegal production, operation, storage, transportation, mailing and illegal discharge of fireworks and firecrackers.
Article 30
It is forbidden to set off fireworks and firecrackers in the following places:
(a) cultural relics protection units;
(2) Transportation hubs such as stations, docks and airports and railway line safety protection zones;
(3) Units that produce and store inflammable and explosive articles;
(4) Within the safety protection zone of power transmission and transformation facilities;
(five) medical institutions, kindergartens, primary and secondary schools, nursing homes;
(six) key fire prevention areas such as mountains and grasslands;
(seven) other places where fireworks and firecrackers are prohibited as prescribed by the local people's governments at or above the county level.
Article 31
Fireworks and firecrackers shall be set off in accordance with the discharge instructions, and shall not be set off in a way that endangers public safety and personal and property safety.
Criminal law of the people's Republic of China
Article 225
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, 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 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.