Violation of national laws and regulations on tobacco monopoly management, illegal operation of tobacco monopoly products without the permission of the department of tobacco monopoly administration, no license for tobacco monopoly production enterprise, tobacco monopoly wholesale enterprise, tobacco monopoly franchise enterprise and tobacco monopoly retail license, under any of the following circumstances, may be suspected of illegal operation, and should be filed for prosecution.

The business license or relevant approval documents are valid certificates for the holder to carry out economic activities. Nothing is illegal business. Some lawless elements are not qualified to deal in commodities restricted by the state and cannot obtain relevant business licenses or approval documents, so they buy or even forge business licenses or approval documents from others in an attempt to evade inspection and sanctions. As a result, the illegal behavior of buying and selling business licenses and approval documents also came into being. The import and export license issued by the administrative department of foreign economic relations and trade of the State Council and its authorized institutions is not only a legal certificate for foreign trade operators to conduct foreign trade activities legally, but also an important certificate for the state to manage import and export goods and technologies.

legal ground

Criminal law of the people's Republic of China

Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, 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 for illegal gains or confiscation of property:

(a) operating a franchise or monopoly commodity or other commodities whose operation 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.