Paragraph 1 of Article 38 of the Tobacco Monopoly Law of the People's Republic of China: "Whoever resells tobacco monopoly products and constitutes a crime shall be investigated for criminal responsibility according to law; If the circumstances are minor and do not constitute a crime, the administrative department for industry and commerce shall confiscate the resold tobacco monopoly products and illegal income, and may also impose a fine. "

Article 39 of the Tobacco Monopoly Law of the People's Republic of China: "Whoever forges, alters, buys or sells the licenses of tobacco monopoly production enterprises, tobacco monopoly business licenses and transportation permits stipulated in this Law shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.

extended data;

legal liability

article 28 whoever buys tobacco leaves without authorization in violation of the provisions of this law shall be fined by the department of tobacco monopoly administration, and the illegally purchased tobacco leaves shall be purchased according to 7% of the average purchase price of tobacco leaves in the previous year issued by the provincial department of tobacco monopoly administration at the place where the seizure is made; If the quantity is huge, the illegally purchased tobacco leaves and illegal income shall be confiscated.

Article 29 Anyone who consigns or transports tobacco monopoly products without a transportation permit or in excess of the quantity specified in the transportation permit shall be fined by the department of tobacco monopoly administration.

The illegally transported tobacco leaves can be purchased at 7% of the average purchase price of tobacco leaves in the previous year issued by the provincial tobacco monopoly administration department at the place where the seizure is made, and other illegally transported tobacco monopoly products except tobacco leaves can be purchased at 7% of the wholesale market price. If the circumstances are serious, the illegally transported tobacco monopoly products and illegal income shall be confiscated.

if the carrier knows that it is a tobacco monopoly product and transports it for a unit or individual without a transportation permit, the department of tobacco monopoly administration shall confiscate the illegal income and impose a fine.

if tobacco leaves and tobacco products are carried in different places in excess of the national limit, the provisions of the first paragraph shall apply.

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 losses of the infringed party and may also be fined; If a crime is constituted, criminal responsibility shall be investigated according to law.

article 34 whoever, in violation of the provisions of article 2 of this law, illegally prints the trademark marks of tobacco products shall be destroyed by the administrative department for industry and commerce, and the illegal income shall be confiscated and a fine shall be imposed.

article 35 whoever resells tobacco monopoly commodities, which constitutes a crime, shall be investigated for criminal responsibility 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.

staff members of tobacco monopoly administrative departments and tobacco companies who take advantage of their positions to commit the crimes mentioned in the preceding paragraph shall be severely punished according to law.

article 36 whoever forges, alters, buys or sells licenses and transportation permits such as licenses for tobacco monopoly production enterprises and tobacco monopoly business as stipulated in this law shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law.

staff members of tobacco monopoly administrative departments and tobacco companies who take advantage of their positions to commit the crimes mentioned in the preceding paragraph shall be severely punished according to law.

Article 37 Whoever smuggles tobacco monopoly products, which constitutes the crime of smuggling, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; Smuggling tobacco monopoly products, the amount of which is not large and does not constitute the crime of smuggling, shall be confiscated by the customs, and the smuggled goods, articles and illegal income may also be fined. Baidu Encyclopedia-Tobacco Monopoly Law of the People's Republic of China