Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and 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.
Article 30 of the Tobacco Monopoly Law of People's Republic of China (PRC) * * * Where tobacco products are produced without the license of a tobacco monopoly production enterprise, the department of tobacco monopoly administration shall order it to close down, confiscate its illegal income and impose a fine.
Where cigarette paper, filter rods, cigarette tows and special machinery for tobacco are produced without the license of a tobacco monopoly production enterprise, the department of tobacco monopoly administration shall order it to stop producing the above products, confiscate its illegal income and may concurrently impose a fine.
Article 31 of the Tobacco Monopoly Law of People's Republic of China (PRC) * * * Whoever engages in the wholesale business of tobacco products without the license of tobacco monopoly wholesale enterprise shall be ordered by the department of tobacco monopoly administration to close or stop the wholesale business of tobacco products, confiscate the illegal income and impose a fine.
Article 32 of People's Republic of China (PRC) Tobacco Monopoly Law * * * Anyone who engages in the retail business of tobacco products without a tobacco monopoly retail license shall be ordered by the administrative department for industry and commerce to stop the retail business of tobacco products, confiscate the illegal income and impose a fine.
Article 33 of the Tobacco Monopoly Law of People's Republic of China (PRC) produces and sells cigarettes, cigars and packaged cut tobacco without registered trademarks, and the administrative department for industry and commerce shall order it to stop producing and selling and impose a fine.
Whoever produces or sells tobacco products with counterfeit registered trademarks of others shall be ordered by the administrative department for industry and commerce to stop the infringement, compensate the infringed for the losses and may also be fined; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 34 of the Tobacco Monopoly Law of People's Republic of China (PRC) violates the provisions of Article 21 of this Law by illegally printing trademark marks of tobacco products. The administrative department for industry and commerce shall destroy the printed trademark logo, confiscate the illegal income and impose a fine.
Article 35 of the Tobacco Monopoly Law of People's Republic of China (PRC), if reselling tobacco monopoly products constitutes a crime, criminal responsibility shall be investigated according to law; If the circumstances are minor and do not constitute a crime, the administrative department for industry and commerce shall confiscate the tobacco monopoly products and illegal income, and may also impose a fine.
Any staff member of the department of tobacco monopoly administration or tobacco company who takes advantage of his position to commit the crime mentioned in the preceding paragraph shall be given a heavier punishment according to law.
Article 36 of the Tobacco Monopoly Law of People's Republic of China (PRC), whoever forges, alters or buys or sells the license of tobacco monopoly production enterprise, tobacco monopoly business license and transportation permit as stipulated in this Law, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Any staff member of the department of tobacco monopoly administration or tobacco company who takes advantage of his position to commit the crime mentioned in the preceding paragraph shall be given a heavier punishment according to law.
Article 37 of the People's Republic of China (PRC) Tobacco Monopoly Law shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law if the smuggling of tobacco monopoly products constitutes a crime of smuggling; Smuggling tobacco monopoly products, the amount is not large, does not constitute a crime of smuggling, the smuggled goods, articles and illegal income shall be confiscated by the customs, and a fine may be imposed.
Any staff member of the department of tobacco monopoly administration or tobacco company who takes advantage of his position to commit the crime mentioned in the preceding paragraph shall be given a heavier punishment according to law.