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Is the salt in Fengyuan Salt Industry qualified?
Sentencing standard for the crime of illegally dealing in salt.

Illegal operation of salt is stipulated in criminal law and judicial interpretation.

Related articles: Criminal Code of People's Republic of China (PRC).

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.

The Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Salt Business.

(adopted at the meeting 1 12 of the ninth procuratorial Committee of the Supreme People's Procuratorate on July 8, 2002)

Gao Jian Fa Shi Zi [2002] No.6

In order to protect the health of citizens and maintain the order of the socialist market economy, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in handling criminal cases of illegal salt business are explained as follows:

Article 1 Whoever, in violation of the relevant provisions of the State on the administration of salt industry, illegally produces, stores, transports and sells salt, thus disrupting the market order, if the circumstances are serious, shall be investigated for criminal responsibility for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law.

Article 2 Anyone who illegally deals in salt under any of the following circumstances shall be investigated for criminal responsibility according to law:

(a) the illegal operation of salt in more than 20 tons;

(2) Having been given administrative punishment for illegally operating salt for more than two times, and the amount of illegally operating salt is more than ten tons.

Third illegal salt untreated, the cumulative number of illegal operations; Whether the actor's illegal operation is profitable or not does not affect the constitution of the crime.

Article 4 Whoever uses non-iodized salt as iodized salt or non-iodized salt such as industrial salt as table salt for illegal business operations, and at the same time constitutes the crime of illegal business operations, the crime of producing and selling fake and inferior products, the crime of producing and selling food that does not meet hygiene standards, the crime of producing and selling toxic products, harmful food and other crimes, shall be investigated for criminal responsibility in accordance with the provisions of heavier punishment.

Article 5 Whoever obstructs administrative law enforcement personnel from performing their duties in salt management according to law by violence or threats shall be investigated for criminal responsibility for the crime of obstructing official duties in accordance with the provisions of Article 277 of the Criminal Law; If its illegal business operation has constituted a crime, it shall be investigated for criminal responsibility in accordance with the provisions of combined punishment for several crimes.

The concept of illegal business:

The crime of illegal business operation refers to the crime of illegal business operation that violates state regulations and commits one of the following illegal business operations.

(a) without permission, dealing in franchise, monopoly goods or other commodities with restricted trading as stipulated by laws and administrative regulations;

(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 settlement business;

(four) engaged in other illegal business activities, disrupting the market order, and the circumstances are serious.

Understanding of "violation of state regulations" in the crime of illegal business operation

At the first level, if an act does not violate the state regulations, but only violates local laws and departmental rules lower than the state regulations, it certainly does not constitute the crime of illegal business operation;

On the second level, if an act violates the state regulations, but the state regulations do not regard it as "constituting a crime"? If criminal responsibility is investigated, the criminal judicial interpretation does not interpret the act as an act of illegal business operation, which certainly does not constitute the crime of illegal business operation.

The third level, if an act violates the provisions of the state, the state stipulates that the act constitutes a crime? Investigate criminal responsibility ",but if the criminal judicial interpretation does not clearly explain the behavior as the crime of illegal business operation, it certainly does not constitute the crime of illegal business operation, such as operating without a license.