The standards for the transfer of cases seized by the Tobacco Monopoly Bureau, I hope the content is

The Judicial Interpretations of the Supreme People's Court and the Supreme People's Court on Several Issues Concerning Tobacco-related Criminal Cases clearly stipulate several types of tobacco-related criminal offenses and the standards for pursuing sentences.

The promulgation and implementation of the "Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs" stipulates the procedures for the transfer of cases.

Legal analysis: The handling of tobacco seizure cases is as follows: 1. The illegal gains of tobacco-related criminal offenses shall be recovered; 2. For genuine cigarettes, shredded tobacco, re-cured tobacco leaves, and tobacco leaves with use value, after obtaining the appraisal conclusion of the provincial tobacco quality inspection agency, the case-handling department may entrust the local tobacco monopoly administrative department to deal with the price according to law, and the price change shall be handed over to the state treasury; 3. Counterfeit and shoddy cigarettes, moldy and spoiled cigarettes, shredded tobacco, re-cured tobacco leaves, and tobacco leaves with no use value shall be verified and identified by the case-handling department and handed over to the local tobacco monopoly administrative department for centralized public destruction.

Legal basis: Article 39 of the Tobacco Monopoly Law of the People's Republic of China The staff of the people's courts and the relevant departments handling illegal cases shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law if the confiscated tobacco products are privately divided. Where the staff of the people's courts and the relevant departments handling cases of violations purchase confiscated tobacco products, they shall be ordered to return them and may be given administrative sanctions.

1. Illegal acts of operating tobacco monopoly products without holding a tobacco monopoly license.

Those who do not hold a tobacco monopoly retail license, and the amount of illegal business operation is less than 50,000 yuan, or the amount of illegal income from the pretending to be a business owner is less than 20,000 yuan.

II. Transfer and Handling of Tobacco-related Criminal Cases:

1. The crime of producing and selling counterfeit and shoddy products.

2. Counterfeiting registered trademarks.

3. The crime of selling goods with counterfeit registered trademarks.

Legal basis: Tobacco Monopoly Law of the People's Republic of China

If the 32nd Department of Jingjiao operates the retail business of tobacco products without a tobacco monopoly retail license, the administrative department for industry and commerce shall order it to stop operating the retail business of tobacco products, confiscate the illegal gains, and impose a fine.

Article 37 Where the smuggling of tobacco monopoly products constitutes the crime of smuggling manuscripts, criminal responsibility shall be pursued in accordance with the relevant provisions of the Criminal Law; Where the amount of smuggled tobacco monopoly is not large and does not constitute the crime of smuggling, the customs shall confiscate the smuggled goods, articles and illegal gains, and may impose a concurrent fine.

Legal analysis: 1. Illegal acts of operating tobacco monopoly products without holding a tobacco monopoly license.

Those who do not hold a tobacco monopoly retail license, and the amount of illegal business is less than 50,000 yuan, or the amount of illegal income is less than 20,000 yuan.

II. Transfer and Handling of Tobacco-related Criminal Cases:

1. The crime of producing and selling counterfeit and shoddy products.

2. Counterfeiting registered trademarks.

3. The crime of selling goods with counterfeit registrars.

Legal basis: Tobacco Monopoly Law of the People's Republic of China

Article 32 Where a person engages in the retail business of tobacco products without a tobacco monopoly retail license, the administrative department for industry and commerce shall order him to stop the retail business of tobacco products, confiscate the illegal gains, and impose a fine.

Article 37 Where the smuggling of tobacco monopoly products constitutes the crime of smuggling, criminal responsibility shall be pursued in accordance with the relevant provisions of the Criminal Law; Where the amount of smuggled tobacco monopoly is not large and does not constitute the crime of smuggling, the customs shall confiscate the smuggled goods, articles and illegal gains, and may impose a concurrent fine.

Article 30 of the Tobacco Monopoly Law of the People's Republic of China Where a smokeless or sensitive herb monopoly production enterprise produces tobacco products with a license, the competent department of the tobacco monopoly shall order it to close down, confiscate the illegal shirts, and impose a fine. If a tobacco monopoly manufacturer produces cigarette paper, filter rods, tobacco tows or tobacco-specific machinery without a tobacco monopoly production enterprise license, the tobacco monopoly administrative department shall order it to stop producing the above-mentioned products, confiscate the illegal gains, and may impose a concurrent fine.

Summary. Legal analysis: 1. The identified unclaimed property is limited to tangible property.

Intangible property or spiritual wealth does not fall within the scope of the designation of ownerless property. 2. If the owner of the property does no longer exist or does not know who the owner of the property is, the ownership of the right cannot be determined and needs to be resolved through legal procedures. 3. If the owner of the property is unknown or the state of losing the owner continues for a certain period of time, and the legal period is less than the statutory period, even if the owner has disappeared or is unknown, it cannot apply for recognition as unclaimed property.

4. The applicant must submit a written application, and then the court will hear and determine. 5. In cases where it is determined that the property is ownerless, the basic level court where the property is located has jurisdiction, so that the court can investigate the facts and take temporary protective measures against the property.

The tobacco monopoly law enforcement department finds an ownerless case and transfers it to the public security department, but the public security department cannot find out the circumstances of the parties.

Dear, hello, for your situation, I make the following analysis for you: the tobacco monopoly law enforcement department finds the ownerless case and transfers it to the public security department, and the public security department cannot find the situation of the parties, and the ownerless items shall be dealt with in accordance with the law.

Legal analysis: 1. The identified unclaimed property is limited to tangible property. Intangible property or spiritual wealth does not fall within the scope of the designation of ownerless property.

2. If the owner of the property does no longer exist or does not know who the owner of the property is, the ownership of the right cannot be determined and needs to be resolved through legal procedures. 3. If the owner of the property is unknown or the state of losing the owner continues for a certain period of time, and the legal period is less than the statutory period, even if the owner has disappeared or is unknown, it cannot apply for recognition as unclaimed property. 4. The applicant must submit a written application, and then the court will hear and determine.

5. In cases where it is determined that the property is ownerless, the basic level court where the property is located has jurisdiction, so that the court can investigate the facts and take temporary protective measures against the property.

Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" Article 462 A legally effective ruling on the realization of a security interest, a ruling on the confirmation of a mediation agreement, or a payment order shall be enforced by the people's court that made the ruling or payment order or by the people's court at the same level where the property subject to enforcement is located. In judgments where property is found to be ownerless, the people's court that made the judgment is to return the ownerless property to the state or collective.

Kiss <>

Expansion and supplementation: When handling cases without owners, public security organs shall actively take measures to find the relevant parties, including through methods such as publishing a notice to find a person and soliciting leads. If, after a reasonable search, the identity of the party concerned cannot be determined, the unclaimed item shall be disposed of in accordance with law.