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There are true and false. But some sellers won't tell you.
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According to China's tobacco monopoly law, the state implements monopoly management in accordance with the law on the sale of tobacco monopoly products, and implements a tobacco monopoly license system. Any citizen, legal person or other organization selling tobacco monopoly products through public network platforms such as WeChat and QQ shall be deemed to be an illegal act. In accordance with Article 44 of the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China (Administrative Regulations) and other provisions, the Tobacco Monopoly Bureau or the Tobacco Monopoly Bureau, together with the relevant state departments, has the right to investigate and deal with illegal cases involving tobacco such as smuggling, smuggling, counterfeiting and shoddy tobacco monopoly products in accordance with the law.
If the illegal act has constituted a crime, the Tobacco Monopoly Administration will, in accordance with Article 22 of the Administrative Punishment Law of the People's Republic of China (Law), transfer the case to the judicial authorities and investigate the criminal responsibility of the perpetrator in accordance with the law.
Therefore, it is recommended that consumers purchase cigarettes, cigars and other tobacco products at sales locations that hold the "Tobacco Monopoly Retail License" in accordance with the law. Please be cautious when buying cigarettes, cigars and other tobacco products on public online platforms such as WeChat and QQ. After all, "smoking is bad for your health"!!
Article 3 of the Tobacco Monopoly Law of the People's Republic of China (Law) The State shall exercise monopoly management over the production, sale, import and export of tobacco monopoly products in accordance with the law, and shall implement a tobacco monopoly license system. (This article has clearly stipulated that the state shall implement monopoly management over the sales of tobacco monopoly products in accordance with the law, and implement the administrative licensing system in accordance with the law.) )
Article 12 of the E-Commerce Law of the People's Republic of China (Law): Where e-commerce operators engage in business activities and need to obtain relevant administrative licenses in accordance with law, they shall obtain administrative licenses in accordance with law.
Paragraph 2 of Article 40 of the Measures for the Administration of Tobacco Monopoly Licenses (Order No. 37 of the Ministry of Industry and Information Technology of the People's Republic of China) Except for enterprises that have obtained a tobacco monopoly production enterprise license or a tobacco monopoly wholesale enterprise license to sell tobacco monopoly products in accordance with the law, no citizen, legal person or other organization may sell tobacco monopoly products through information networks. (Except for enterprises that carry out the production and wholesale business of tobacco monopoly products in accordance with the law, any citizen, legal person or other organization refers to a citizen, legal person or other organization that holds a "Tobacco Monopoly Retail License" and does not hold a "Tobacco Monopoly Retail License".)
Paragraph 2 of Article 42 of the Detailed Rules for the Implementation of the Measures for the Administration of Tobacco Monopoly Licenses (Departmental Policy) Except for enterprises that have obtained a tobacco monopoly production enterprise license or a tobacco monopoly wholesale enterprise license to sell tobacco monopoly products in accordance with the law, no citizen, legal person or other organization may sell tobacco monopoly products through information networks.
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Some people have checked that a business license is required for the sale of tobacco, and it is illegal to sell tobacco and alcohol in the circle of friends.
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First of all, most of the cigarettes she sells cannot be said to be real cigarettes, because real cigarettes are protected by the Tobacco Bureau, and many of their imported cigarettes are unlicensed, and they are generally checked, and the reason why no one checks them is because its amount is relatively small.
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There may still be a lack of regulatory mechanism for selling goods in the circle of friends, and the cheap ones are not necessarily true.
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The profits of the tobacco and alcohol industry are very high, so some people can get some relatively low sources.
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What about the cigarettes bought in the circle of friends, some are real, some are fake, if the packaging is very shabby, and the font is not clear, it must be fake cigarettes, most of the products operated by some micro-businesses, sometimes it may not be very ***, not very safe.
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The cigarettes sold in the circle of friends are real and fake, and they are cheap because they are fake cigarettes or smoke through special channels, as long as someone reports it, the relevant departments will investigate.
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Are the cigarettes bought by those moments really why are they so cheap? I feel like it's fake cigarettes. Why didn't anyone check them? Because no one reported it, no one knew he was fake.
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Hello. Many people who sell cigarettes in the circle of friends are not qualified.
In fact, such behavior is already illegal.
There is no harm in buying and selling.
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Don't buy it, on the Internet, on TV, it is not allowed to sell cigarettes, sooner or later.
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They sell fake cigarettes in the circle of friends, and they don't know if they have a business license, so they sell very little in the circle of friends, and someone will check the circle of friends, you go, and not everyone will have an industrial and commercial bureau in their circle of friends.
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This problem is obvious, you get what you pay for, and the big difference between it and the market must be fake cigarettes, this is certain!
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I feel that it is also a fake cigarette, or it was bought through a special channel, so it will be so cheap.
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Hello, after all, there are too many Chinese, and many of these small circles cannot be found in a small range, but you can report it.
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You ask like this, just to let people check your friend, are you hurting your friend, what will your friend think if he finds out?
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If you buy a cigarette and its price difference is too much, it must be fake, no problem.
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What I want to say is that those who sell these in the circle of friends, as long as they are outrageously cheap, they are all fake. You don't have to think about it. Regular ones simply can't be so cheap. In short, don't be fooled.
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You can ask them to issue a tobacco license.
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If no one reports it, no one will check it. If you feel like it's a fake cigarette, don't buy it.
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There are true and false, and the state's supervision in this regard is not in place.
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If you think it's a fake cigarette, don't buy it, ignore them, and they won't be able to sell it if you don't take care of them!
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The cigarettes sold in the circle of friends are generally fake, which is difficult to check.
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Legal analysis: It is illegal to sell cigarettes in Moments without obtaining a tobacco monopoly retail license. According to the provisions of the Tobacco Monopoly Law, any enterprise or individual who wants to sell tobacco products needs to apply for a tobacco monopoly retail license and obtain a tobacco monopoly retail license before selling tobacco products.
Legal basis: Article 3 of the Tobacco Monopoly Law The State shall implement monopoly management over the production, sale, import and export of tobacco monopoly products in accordance with the law, and implement a tobacco monopoly license system.
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Selling cigarettes in the circle of friends is an illegal act, and if the circumstances are serious, it constitutes the crime of illegal business operation, and the general sentence is up to five years, and the town shall be sentenced to fixed-term imprisonment or short-term detention, and/or a fine of not less than one time but not more than five times the illegal gains; If the circumstances are especially serious, the sentence is generally not less than five years imprisonment and a concurrent fine of between one and five times the amount of unlawful gains or confiscation of property.
[Legal basis].
Article 225 of the Criminal Law.
Whoever violates state regulations by engaging in any of the following illegal business activities, disrupting and delaying market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention by the Imperial Bureau, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given
1) Engaging in monopoly or monopoly goods or other restricted items as provided for 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 provided for by laws and administrative regulations;
3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;
4) Other illegal business activities that seriously disrupt market order.
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It is sold online, and the price is free shipping at 100 yuan.
Tobacco is a type of tobacco product. The preparation method is to dry the tobacco, cut it into shreds, and then roll it in a barrel-shaped strip with a length of about 120 mm and a diameter of 10 mm. When smoking, light one end and suck the smoke with your mouth at the other end.
Cigarettes were first popular in Turkey, where they liked to roll up the tobacco in newspaper and smoke it.
Tobacco is a plant native to South America, and its leaves can be chewed or smoked as cigarettes. The first people to use tobacco were the Indians of the Americas. By the time European explorers arrived in the New World, tobacco use had become fairly common in the Americas.
By the 16th century, tobacco was introduced to Europe and then to the rest of the world.
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Legal analysis: The production and sale of counterfeit and shoddy cigarettes, cigars and other tobacco monopoly products, with a sales amount of more than 50,000 yuan, shall be convicted and punished for the crime of producing and selling counterfeit and shoddy products in accordance with the provisions of the Criminal Law of the People's Republic of China. If the circumstances are serious, the sentence is imprisonment for up to five years or criminal detention or a fine.
Legal basis: Article 225 of the Criminal Law of the People's Republic of China Selling towns Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and/or shall be fined not less than one time but not more than five times the amount of the illegal gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given: (1) Engaging in the operation of monopoly or monopoly items or other restricted items as provided for by laws or 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 provided for by laws and administrative regulations; (3) Illegally operating **, ** volt branches, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business; 4) Other illegal business activities that seriously disrupt market order.
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Legal basis: Tobacco Monopoly Law of the People's Republic of China
Article 3 The State shall exercise monopoly management over the production, sale, import and export of tobacco monopoly products in accordance with law, and shall implement a tobacco monopoly licensing system.
Article 15 Enterprises engaged in the wholesale business of tobacco products must be approved by the administrative department of tobacco monopoly or the administrative department of tobacco monopoly at the provincial level, obtain and blind tobacco monopoly wholesale enterprise license, and be approved and registered by the administrative department for industry and commerce.
Article 16 Enterprises or individuals engaged in the retail business of tobacco products shall be examined and approved by the administrative department for industry and commerce of the people's government at the county level in accordance with the entrustment of the competent department of the tobacco monopoly at the next higher level. Where the county-level tobacco monopoly administrative department has been established, the county-level tobacco monopoly administrative department may also examine and approve the issuance of a tobacco monopoly retail license.
Article 17 The administrative department of tobacco monopoly shall select some brands of cigarettes as representative products according to the grade of cigarettes. The representative products shall be formulated by the competent department of price in conjunction with the administrative department of tobacco monopoly. The non-representative products of cigarettes, cigars and tobacco shall be formulated by the tobacco monopoly administrative department or the tobacco monopoly administrative department authorized by the tobacco monopoly administrative department of the province, autonomous region or municipality directly under the Central Government, and shall be reported to the price department or the people's price department of the province, autonomous region or municipality directly under the Central Government for the record.
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Selling cigarettes in the circle of friends, and the circumstances are serious and serious, will be sentenced to the crime of illegal business. Tobacco in China is a franchise type of goods, which means that if you want to sell tobacco in China, you need to obtain a tobacco monopoly license issued by the tobacco monopoly administrative department, so it is definitely illegal to buy and sell tobacco without permission.
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