Legal analysis
Fireworks and firecrackers are dangerous goods, which have high requirements for production, storage and sales. If it is not handled properly, it may lead to serious explosion and serious consequences. If it is illegal to sell fireworks and firecrackers, if the circumstances are serious, it may constitute the crime of illegal business operation. If you are sentenced to more than three months in prison, you will go to jail. Criminal illegality is consistent with its administrative illegality, that is, illegal operators must violate relevant industrial and commercial laws and regulations, and there is no criminal illegality without administrative illegality. Subjectively, the actor must be intentional and take profit as the purpose. Those who engage in illegal business knowing that it is illegal and not for profit are not considered to constitute, and only administrative punishment can be given to the perpetrator. Only if the circumstances of the crime require serious circumstances can it constitute a crime, and whether the circumstances are serious should be determined from the amount and income of illegal business, whether the actor has carried out illegal business activities, causing great losses to the country or other serious consequences, and whether he still refuses to repent after administrative punishment. The identification of illegal business behavior is mainly carried out from the subjective, objective and objective aspects of the actor. And we should pay attention to distinguish between administrative illegality and criminal illegality of illegal business operations, which are different in composition. Illegal operators will inevitably violate relevant industrial and commercial laws and regulations, and there will be no criminal violations without administrative violations.
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.
Regulations on the administration of fireworks and firecrackers
Article 36. Those who produce and operate fireworks and firecrackers without permission, or sell black powder, pyrotechnics and fuses to units or individuals that have not obtained the safety production license for fireworks and firecrackers, shall be ordered by the safety production supervision and management department to stop the illegal production and operation activities, and be fined between 20,000 yuan and 6,543,800 yuan, and the articles produced and operated illegally and the illegal income shall be confiscated.
For those who transport fireworks and firecrackers by road without permission, the public security department shall order them to stop illegal transportation activities, impose a fine of 1000 yuan to 50000 yuan, and confiscate the illegally transported articles and illegal income.
Illegal production, operation and transportation of fireworks and firecrackers, which constitutes a violation of public security management, shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.