On November 10, 2021, the "Decision of the State Council on Amending the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China" was revised for the third time, including e-cigarettes and other new tobacco products into the " "Cigarette" management matters. According to Article 96 of the Criminal Law of the People's Republic of China and the People's Republic of China (Law), the term "violation of state regulations" as mentioned in this law refers to violation of laws and decisions formulated by the National People's Congress and its Standing Committee, administrative regulations formulated by the State Council, prescribed administrative measures, issued decisions and orders.

In other words, before November 10, 2021, the sale of e-cigarettes such as "liquid atomization type" should not constitute the crime of illegal business operations. With the promulgation and implementation of the newly revised "Regulations on the Implementation of the Tobacco Monopoly Law", the "Measures for the Administration of Electronic Cigarettes", and the "National Standard for Electronic Cigarettes", it will be necessary to sell electronic cigarettes without a license, or produce and sell electronic cigarettes that do not meet the standards. and other new tobacco products, and the sales amount is more than 50,000 yuan, etc., they shall be investigated for criminal liability according to law for the crime of illegal business operations and the crime of producing and selling fake and inferior products.

The reference content is as follows:

"Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China" (Administrative Regulations)

Article 65 Electronic Cigarettes and other new tobacco products shall be implemented in accordance with the relevant provisions on cigarettes in these Regulations.

"Criminal Law of the People's Republic of China" (Law)

Article 96: Violations of state regulations as mentioned in this law refer to violations of the National People's Congress and its The laws and decisions formulated by the Standing Committee, the administrative regulations formulated by the State Council, the prescribed administrative measures, and the decisions and orders issued by the State Council.

Article 225: Whoever violates state regulations and commits any of the following illegal business activities, disrupts market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined concurrently or solely for the violation of the law. A fine of not less than one time but not more than five times the income; if the circumstances are particularly serious, the person 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 the illegal income or have his property confiscated: (1) Operating a franchise stipulated in laws and administrative regulations without permission , monopoly items or other items with restricted sales;

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products" (Legal Interpretation [Legal Interpretation] 2010〕No. 7)

Article 1 Whoever produces and sells counterfeit cigarettes, cigars and other tobacco specialty products with a sales amount of more than 50,000 yuan shall, in accordance with the provisions of Article 140 of the Criminal Law, , conviction and punishment for selling counterfeit and inferior products.

Anyone who uses the same trademark as his registered trademark on cigarettes, cigars and other tobacco specialty products without the permission of the registered trademark owner of cigarettes, cigars and other tobacco specialty products, if the circumstances are serious, shall be punished according to Article 200 of the Criminal Law. Article 13 provides for conviction and punishment for the crime of counterfeiting registered trademarks.

Anyone who knowingly sells cigarettes, cigars and other tobacco specialty products that are counterfeiting other people's registered trademarks, and the sales amount is relatively large, shall be charged with the crime of selling goods with counterfeit registered trademarks in accordance with the provisions of Article 214 of the Criminal Law. Conviction and punishment.

Forgery or unauthorized manufacture of registered trademarks of cigarettes or cigars of others or sale of forged or unauthorized registered trademarks of cigarettes or cigars, if the circumstances are serious, in accordance with the provisions of Article 215 of the Criminal Law, Convicted and punished for illegally manufacturing and selling illegally manufactured registered trademarks.

Violates national tobacco monopoly management laws and regulations, without permission from the tobacco monopoly administrative department, without a tobacco monopoly production enterprise license, tobacco monopoly wholesale enterprise license, special tobacco monopoly business enterprise license, or tobacco monopoly retail license If the person illegally operates tobacco monopoly products according to the license and other licensing certificates, and the circumstances are serious, he will be convicted and punished for the crime of illegal operation in accordance with the provisions of Article 225 of the Criminal Law.

Article 2: Counterfeit cigarettes, cigars and other tobacco specialty products have not yet been sold, and the value of the goods reaches more than three times the threshold amount for conviction of the sales amount stipulated in Article 140 of the Criminal Law, or the sales amount If the amount does not reach 50,000 yuan, but the total value of the unsold goods reaches more than 150,000 yuan, he will be convicted and punished for the crime of producing and selling counterfeit and inferior products (attempted).

If the sales amount and the value of unsold goods respectively reach different statutory penalty ranges or both reach the same statutory penalty range, a heavier punishment will be imposed as appropriate within the statutory penalty range where the punishment is heavier.

If the sales price of seized unsold counterfeit cigarettes and cigars can be ascertained, the actual sales price will be used. If the actual sales price cannot be ascertained, if there is a brand, the retail price issued by the provincial tobacco monopoly administrative department of the place where the brand of cigarettes or cigars is seized will be used; if there is no brand, the retail price issued by the provincial tobacco monopoly administrative department of the place where the cigarettes or cigars are seized will be used. Calculation of the average retail price of cigarettes in the previous year.

Article 3: Any illegal operation of tobacco monopoly products that falls under any of the following circumstances shall be deemed to be a “serious circumstance” as stipulated in Article 225 of the Criminal Law:

(1) ) The illegal business amount is more than 50,000 yuan, or the illegal income amount is more than 20,000 yuan; (2) The illegal business amount is more than 200,000 cigarettes;

( 3) Those who have received more than two administrative penalties within three years for illegally operating tobacco monopoly products, and also illegally operate tobacco monopoly products with an amount of more than 30,000 yuan.

Anyone who has any of the following circumstances shall be deemed to be a "particularly serious case" as stipulated in Article 225 of the Criminal Law:

(1) The amount of illegal business is less than 25 More than 10,000 yuan, or the amount of illegal income is more than 100,000 yuan;

(2) Illegal operation of more than one million cigarettes.