Current location - Trademark Inquiry Complete Network - Futures platform - Does the Emergency Management Bureau have the right to detain diesel oil with flash point above 60?
Does the Emergency Management Bureau have the right to detain diesel oil with flash point above 60?
Diesel oil belongs to the category of refined oil. If the flash point of closed cup is lower than 60, it belongs to dangerous chemicals and belongs to the management category of the Emergency Management Bureau of Dangerous Chemicals. If it is not illegal to operate diesel with a flash point above 60, the emergency bureau has no right to investigate and deal with it. If there is no flash point higher than 60. Constitute the crime of illegal business operation. 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 solely 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.

Legal basis:

Article 225 of the Criminal Law of People's Republic of China (PRC) * * 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 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.

Paragraph 1 of Article 33 of the Regulations on Safety Management of Hazardous Chemicals According to paragraph 3 of Article 77 of the Regulations, the Emergency Management Bureau shall order it to stop its business activities, confiscate its illegal income, and impose a fine of more than 654.38 million yuan and less than 200,000 yuan.