Legal analysis
It should be said that selling tobacco without permission is a serious illegal act. Enterprises or individuals engaged in the retail business of tobacco products shall, upon the entrustment of the superior tobacco monopoly administrative department, issue a tobacco monopoly retail license upon examination and approval by the administrative department for industry and commerce of the people's government at the county level. If a county-level tobacco monopoly administrative department has been established, it may also issue a tobacco monopoly retail license upon examination and approval by the county-level tobacco monopoly administrative department. Article 35 Whoever engages in the retail business of tobacco products without a tobacco monopoly retail license shall be ordered by the administrative department for industry and commerce to stop the retail business of tobacco products, confiscate the illegal income and impose a fine. Whoever engages in the retail business of tobacco products without a tobacco monopoly retail license shall be ordered by the administrative department for industry and commerce to stop the retail business of tobacco products, confiscate the illegal income and impose a fine. China implements the tobacco monopoly system. If it is for personal use, it is illegal to resell it. Illegal transportation of smuggled tobacco monopoly products and illegal operation of smuggled tobacco monopoly products.
legal ground
People's Republic of China (PRC) Tobacco Monopoly Law Article 3 The State shall exercise monopoly administration over the production, sale, import and export of tobacco monopoly commodities according to law, and implement a tobacco monopoly license system.
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.