E-cigarettes are franchise, monopoly goods or other restricted goods stipulated by law. It is illegal to sell e-cigarettes without a license, which constitutes a crime of illegal business operation and needs to be investigated for criminal responsibility.
Determination of the crime of illegal business operation
L 1 the criminal illegality of this crime is consistent with its administrative illegality, that is to say, illegal operators will inevitably violate relevant industrial and commercial laws and regulations, and there will be no criminal illegality without administrative illegality. Under the condition that China's current administrative and economic laws and regulations are not perfect, we should thoroughly understand the spirit of national policy and make it develop in a direction beneficial to society, which should not be advocated or banned in a hurry.
2. Subjectively, this crime requires that the perpetrator must be intentional. Those who engage in illegal business because they are unaware of the violation of the law are not considered to constitute this crime, and can only be given administrative punishment.
3. This crime only constitutes a crime if the circumstances of the crime are serious, 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, whether it has caused great losses to the country or caused other serious consequences, and whether he still refuses to repent after administrative punishment.
At present, the state controls electronic cigarettes. As long as it does not illegally operate or sell some fake and shoddy products, it generally does not involve the law.
Legal basis:
Criminal law of the people's Republic of China
Article 225
In violation of state regulations, one of the following illegal business operations is a crime:
(a) without permission, the franchise, monopoly of goods or other restricted goods as stipulated 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;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business or illegally engaged in fund settlement business;
(four) engaged in other illegal business activities, disrupting the market order, and the circumstances are serious.