Legal analysis: If you hold a tobacco monopoly retail license, selling cigarettes across provinces constitutes an act of not purchasing from local tobacco monopoly wholesale enterprises, and your illegal gains will be confiscated and you will be fined more than 10% of the value of the illegally operated tobacco products. A penalty of less than 20%.

If there is no tobacco monopoly retail license, those who sell cigarettes across provinces will be handed over to the Administration for Industry and Commerce and treated as operating without a license. If the value of the cigarettes involved exceeds 50,000, they may be prosecuted for the crime of illegal business. criminal responsibility.

Legal basis: "Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China"

Article 33 Transportation of imported tobacco monopoly products and domestically produced tobacco products across provinces, autonomous regions, and municipalities directly under the Central Government Tobacco special machinery, cigarette tows, filter rods and cut imported cigarette papers shall be checked or self-transported with the tobacco monopoly administrative department of the State Council or its authorized agency.

Transportation of domestic tobacco monopoly products other than domestic tobacco special machinery, cigarette tows, filter rods and cut imported cigarette papers across provinces, autonomous regions and municipalities must be handled by the tobacco monopoly administrative director of the State Council. The tobacco monopoly products transportation permit issued by the department or the provincial tobacco monopoly administrative department shall be used for consignment or self-transportation.

To transport tobacco monopoly products across cities and counties within provinces, autonomous regions, and municipalities directly under the Central Government, the tobacco monopoly products transport permit issued by the provincial tobacco monopoly administrative department or its authorized agency shall be used for consignment or self-transportation. .

When transporting smuggled tobacco monopoly products confiscated in accordance with the law, the tobacco monopoly products transport permit issued by the tobacco monopoly administrative department of the State Council shall be used for consignment or self-transportation.

Article 52: Punishment in accordance with Article 31 of the "Tobacco Monopoly Law" shall be implemented in accordance with the following provisions:

(1) Without a transportation permit or exceeding the transportation permit Anyone who consigns or self-transports tobacco monopoly products in the quantity specified in the certificate shall be fined from 20% to 50% of the value of the illegally transported tobacco monopoly products, which may be based on the average purchase price of tobacco leaves in the previous year issued by the provincial tobacco monopoly administrative department in the place where the seizure was made. 70% of illegally transported tobacco leaves are purchased, and other tobacco specialty products other than tobacco leaves that are illegally transported are purchased at 70% of the market wholesale price.

(2) In any of the following circumstances, the illegally transported tobacco specialty products and illegal income will be confiscated:

1. The value of the illegally transported tobacco specialty products exceeds 50,000 yuan or the illegally transported The number of cigarettes exceeds 100 (one for every 10,000 cigarettes);

2. Being punished more than twice by the tobacco monopoly administrative department;

3. Resisting the tobacco monopoly administration Supervision and inspection personnel of the competent department carry out inspections in accordance with the law;

4. Illegal transport of smuggled tobacco monopoly products;

5. Transport of tobacco produced by enterprises without a tobacco monopoly production enterprise license Specialty products;

6. Using disguises to illegally transport tobacco specialty goods;

7. Using special vehicles to transport tobacco specialty goods to evade inspection;

8 .Other illegal transportation behavior, if the circumstances are serious.

(3) If the carrier knowingly transports tobacco specialty goods for an entity or individual without a transportation permit, the illegal gains shall be confiscated, and 10% or more but not more than 20% of the value of the illegally transported tobacco specialty goods may be confiscated. fine.

(4) Anyone who mails or carries tobacco leaves or tobacco products in other places more than twice the limit prescribed by the relevant departments of the State Council shall be punished in accordance with the provisions of item (1) of this article.

Article 225 of the "Criminal Law of the People's Republic of China" Or criminal detention, and concurrently or solely a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than five years and concurrently fined not less than one time but not more than five times the illegal income or property confiscation:

< p>(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 items Business licenses or approval documents stipulated in laws and administrative regulations;

(3) Illegal operations of securities, futures, and insurance businesses without approval from relevant national competent authorities, or illegal activities of fund payment and settlement business;

(4) Other illegal business activities that seriously disrupt market order.