Legal analysis:

It is illegal to resell cigarettes. If the resale of tobacco monopoly products disrupts the market order, and the circumstances are serious, it constitutes the crime of illegal business, and may be subject to a fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than one time but not more than five times the illegal income, or a fine alone; If it is minor and does not constitute a crime, the industrial and commercial administrative department will confiscate the resold tobacco monopoly products and illegal gains, and may impose a fine. Staff members of tobacco monopoly administrative departments and tobacco companies who take advantage of their positions to commit the crime in the preceding paragraph shall be severely punished in accordance with the law. A tobacco monopoly license is a certificate issued by the Tobacco Monopoly Bureau to enterprises and individuals allowing them to operate tobacco monopoly products. It includes a tobacco monopoly production license and a tobacco monopoly business license. The transportation permit is a certificate issued by the provincial tobacco company based on the allocation plan, documents or contract of the tobacco company to handle tobacco consignment procedures. The former is a document proving that a certificate-receiving unit or individual is engaged in tobacco monopoly business, and is an important document that distinguishes legal operations from illegal operations in the tobacco industry.

Legal basis:

Article 225 of the Criminal Law of the People's Republic of China and the People's Republic of China Violates national regulations and commits one of the following illegal business activities to disrupt market order, If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and not less than one time but not more than five times the illegal income. Fines or confiscation of property: (1) Operating franchises, monopoly items or other restricted items as stipulated in laws and administrative regulations without permission; (2) Buying and selling import and export licenses, import and export certificates of origin, and other laws and administrative regulations (3) Illegal operations of securities, futures, and insurance businesses without the approval of relevant national competent authorities, or illegal activities of fund payment and settlement business; (4) Other illegal operations that seriously disrupt market order Behavior.

Derived questions:

What are the illegal tobacco operations? 1. It is illegal to operate franchises, monopoly items or other restricted items that are sold and sold without permission according to laws and administrative regulations. . Tobacco specialty goods are items whose sale and purchase are restricted. 2. Buy and sell import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated in laws and regulations. A tobacco monopoly license is a certificate issued by the Tobacco Monopoly Bureau to enterprises and individuals allowing them to operate tobacco monopoly products. It includes a tobacco monopoly production license and a tobacco monopoly business license.