Question 2: How should a court that operates120,000 cigarettes without a license judge tobacco products that have no experience in tobacco monopoly retail license? Engaged in the production, wholesale and retail business of tobacco monopoly products, the import and export business of tobacco monopoly products, and the purchase and sale business of foreign tobacco products, which violates Article 6 of the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC) (administrative regulations), must apply in accordance with the Tobacco Monopoly Law and these Regulations.
According to the provisions of the fifth paragraph of Article 1 and the first paragraph of Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products, Article 225 of the Criminal Law of People's Republic of China (PRC) is sentenced to fixed-term imprisonment of more than five years, with a fine of more than one time and less than five times the illegal income or confiscation of property.
Please refer to the following provisions:
Paragraph 5 of Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products violates the laws and regulations of the state on tobacco monopoly management, and illegally operates tobacco monopoly products without the permission of the department of tobacco monopoly administration, the license of tobacco monopoly production enterprise, the license of tobacco monopoly wholesale enterprise, the license of special tobacco monopoly enterprise and the license of tobacco monopoly retail. If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law.
Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products Article 3, paragraph 1, If the amount of illegal business is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law.
Article 225 of the Criminal Law of People's Republic of China (PRC) (Law) violates state regulations and commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, he 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) without permission, the franchise, monopoly of goods or other goods restricted 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;
(3) illegally engaging in securities, futures or insurance business without the approval of the relevant competent department of the state;
(four) other illegal business activities that seriously disrupt the market order.
Question 3: What is the punishment standard for operating without a license? Individual industrial and commercial households that start business without registration belong to unlicensed operation. According to Article 14 of the Measures for Investigating and Banning Unlicensed Business Operation issued by the State Council: "The unlicensed business operation shall be banned by the administrative department for industry and commerce according to law, and the illegal income shall be confiscated; Those who violate the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of illegal business operation, the crime of major accidents, the crime of causing accidents with dangerous goods or other crimes; If it is not serious enough for criminal punishment, it shall be fined not more than 20,000 yuan; If the scale of unlicensed operation is large and the social harm is serious, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; Unlicensed business practices are harmful to human health, have major security risks, threaten public safety and destroy environmental resources. Confiscate tools, equipment, raw materials, products (commodities) and other property specially used for unlicensed operation, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan. If there are other provisions in laws and regulations on the punishment for operating without a license, those provisions shall prevail. "
Investigate and deal with measures to ban unlicensed operation.
Article 1 These Measures are formulated in order to maintain the order of the socialist market economy, promote fair competition and protect the legitimate rights and interests of operators and consumers.
Article 2 No unit or individual may engage in unlicensed business in violation of laws and regulations.
Article 3 For business activities involving human health, public safety, production safety, environmental protection, development and utilization of natural resources and other laws and regulations, the licensing examination and approval department must carry out licensing examination and approval in strict accordance with the conditions and procedures stipulated by laws and regulations. The administrative department for industry and commerce must go through the registration formalities with the license or other approval documents issued by the license examination and approval department and issue a business license.
Article 4 The following illegal acts shall be investigated and dealt with by the administrative department for industry and commerce in accordance with the provisions of these Measures:
(a) should obtain a license or other approval documents, business license in accordance with the law, but did not obtain a license to conduct business activities;
(2) Operating without a business license, engaging in business activities without authorization, and obtaining a business license without obtaining a license or other approval documents;
(three) unlicensed business activities that have obtained licenses or other approval documents according to law, but have not obtained business licenses according to law;
(4) Operating without a license after cancellation of registration or revocation of business license, and continuing to engage in business activities without authorization after the expiration of the business license;
(5) engaging in illegal business activities beyond the business scope approved and registered, and engaging in business activities that can only be carried out after obtaining a license or other approval documents.
The acts specified in Items (1) and (5) of the preceding paragraph shall also be investigated and dealt with by the licensing examination and approval departments of public security, land and resources, construction, culture, health, quality inspection, environmental protection, press and publication, drug supervision and safety production supervision and management (hereinafter referred to as licensing examination and approval departments) in accordance with the duties entrusted by laws and regulations. However, an administrative penalty of more than two fines shall not be imposed on the same illegal act of the party concerned.
Article 5 The administrative departments for industry and commerce at all levels shall perform their duties according to law and promptly investigate and deal with unlicensed business activities within their jurisdiction.
Article 6 Where a business license has been obtained, but the license or other approval documents have not been obtained according to law, or the obtained license or other approval documents have been revoked or the relevant business activities have not been re-examined according to law, and the registration or business license should be revoked according to laws and regulations, the administrative department for industry and commerce shall cancel the registration or revoke the business license.
Article 7 If the license examination and approval department cancels or cancels the license or other approval documents according to law within the validity period of the business license, or if the license or other approval documents expire, it shall notify the administrative department for industry and commerce within five working days after the expiration of the validity period of the license or other approval documents, and the administrative department for industry and commerce shall cancel the registration or revoke the business license, or order the parties concerned to handle the change registration according to law.
Article 8 The administrative department for industry and commerce shall investigate and deal with unlicensed operation according to law, and combine investigation with guidance, punishment with education. If the laid-off workers or their business conditions, business scope and business projects comply with the provisions of laws and regulations, they should be urged and guided to go through the corresponding procedures according to law and operate legally.
Article 9 When the administrative department for industry and commerce at or above the county level investigates and deals with the suspected unlicensed operation; & gt
Question 4: Does the tobacco inspection have the right to take away people who deal in tobacco without a license? People's Republic of China (PRC) Tobacco Monopoly Law (Law).
Article 38 The department of tobacco monopoly administration as stipulated in the first paragraph has the right to inspect the implementation of this Law.
Regulations on the Implementation of People's Republic of China (PRC) Tobacco Monopoly Law (Administrative Regulations)
Article 44 The department of tobacco monopoly administration shall supervise and inspect the implementation of the tobacco monopoly law and the regulations for the implementation of the tobacco monopoly law according to law, investigate and deal with cases that violate the tobacco monopoly law and these regulations, and investigate and deal with smuggling, counterfeiting and shoddy tobacco monopoly products jointly with relevant state departments.
Article 46 The department of tobacco monopoly administration may exercise the following functions and powers when investigating cases that violate the tobacco monopoly law and these Regulations:
(1) Asking the parties, suspects and witnesses of illegal cases;
(two) to inspect the business premises of the parties to the illegal case, and to deal with the illegal production and operation of tobacco monopoly products according to law;
(3) consulting and copying contracts, invoices, account books, bills, records, documents, business correspondence and other materials related to illegal activities.
Administrative Punishment Law of the People's Republic of China (Law)
Article 3, paragraph 2, if there is no legal basis or the legal procedures are not followed, the administrative punishment shall be invalid.
According to the above-mentioned laws and administrative regulations, organizations authorized by laws and regulations to manage public affairs can implement relevant administrative functions within the scope of their functions and powers authorized by laws and regulations. However, it must be the ability to implement administrative functions and powers according to law while observing legal procedures. In accordance with the provisions of the Tobacco Monopoly Law (Law) and the Regulations on the Implementation of the Tobacco Monopoly Law (Administrative Regulations), the tobacco monopoly administrative department has the right to supervise and inspect the implementation according to law and investigate and deal with cases related to tobacco violations.
Question 5: How to punish the unlicensed operation of tobacco? How to deal with the cigarettes seized by the industrial and commercial bureau? Today, tobacco inspectors seized 35 cigarettes. They are sold without a license. They are real cigarettes. How to punish them? Do the tobacco inspectors in Fabaitian go to work? Is it legal to search my house like this?
Question 6: How to punish selling cigarettes without a license depends on the value of the goods. Violation of laws and regulations on tobacco monopoly management, trading and transporting tobacco products without a license, disrupting the order of the national tobacco market, and the circumstances are serious, which constitutes the crime of illegal business operation. In addition, selling real cigarettes without a license will also be sentenced. Selling cigarettes without a tobacco sales license. If it is real cigarettes, it will generally be convicted of illegal business operations, and if it is fake cigarettes, it will be convicted of illegally selling fake and inferior commodities. Tobacco is a franchise and monopoly commodity, and it can only be operated with relevant licenses. In this case, Gao engaged in the franchise and monopoly commodities stipulated by laws and administrative regulations without permission, disrupting the market order, and the business amount reached more than 50,000 yuan. If the circumstances are serious, his behavior has constituted the crime of illegal business operation. The so-called crime of illegal business operation refers to illegal business operation, which involves operating licensed goods, franchised goods or other restricted goods without permission, 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, engaging in other illegal business activities, disrupting market order, and serious acts. Generally, small shops and cases are subject to administrative punishment according to the tobacco monopoly law, depending on the value of the goods.
Question 7: Urgent! Urgent! Urgent! The number of unlicensed tobacco has reached 5. What will the 60,000 court decide? Article 61 Retail tobacco products without a tobacco monopoly retail license.
Business, handled by the administrative department for Industry and commerce or the administrative department for Industry and commerce.
According to the opinions of the department of tobacco monopoly administration, it shall be ordered to stop operating tobacco products.
Retail business, confiscate the illegal income, and impose 20% of the total illegal business.
A fine of more than 50%.
law-lib/law/law_view.asp？ id=340
56,000 yuan was confiscated and a fine of11200-28,000 yuan was imposed.
Question 8: Why did you deal in tobacco without a license after being punished? If there is no tobacco monopoly retail license, it shall be under the jurisdiction of the administrative department for industry and commerce, and the tobacco department may hand it over to workers after investigation. Fines are generally below 1000 yuan. If the tobacco products are more than 50,000 yuan, the tobacco department shall file a case and transfer it to the public security organ for criminal responsibility. If the circumstances specified in Article 225 of the Criminal Law are not particularly serious, a fine may also be imposed.
Question 9: How to punish those who deal in tobacco beyond their business scope? Go to the industrial and commercial department to supplement the "cigarette" part of the business scope, otherwise the annual tobacco license will not be tested. Because if there is no cigarette category on the industrial and commercial license, if the tobacco company supplies you with cigarettes, it will be punished by the industrial and commercial department. According to the regulations, there is no tobacco in the business scope, so even if you have a tobacco license, you can't supply you with cigarettes. Will not be fined.
Question 10: How does the Tobacco Bureau punish the sale of counterfeit cigarettes without a license? According to Article 61 of the Regulations for the Implementation of People's Republic of China (PRC) Tobacco Monopoly Law, the administrative department for industry and commerce or the administrative department for industry and commerce shall, according to the opinions of the tobacco monopoly administrative department, order to stop the retail business of tobacco products, confiscate the illegal income and impose a fine of more than 20% and less than 50% of the illegal business.