The process by which the Tobacco Monopoly Bureau hears the case as detailed as possible .

In the process of law enforcement inspection, if the tobacco monopoly law enforcement officers of your squadron find that the inspected entity has violated the law, how should they deal with it in accordance with the procedures stipulated by laws and regulations?

Answer: 1. Make the "Inspection (Inquest) Record" on the spot, and ask the person at the time to sign for confirmation. 2. Tobacco monopoly law enforcement personnel shall explain to the parties the circumstances of their suspected violations and inform the parties of the nature of the preliminary determination of the illegal acts.

3. Issue the "Notice of Advance Registration and Preservation" on the spot, and ask the parties to check the varieties and quantities of the items registered and preserved in advance, and sign the "Notice of Advance Registration and Preservation" for confirmation after verifying. 4. Tobacco monopoly products and other items involved in the case that can be sealed and sealed in advance are to be packed and sealed on the spot. 5. Inform the parties of when, what materials, where, and what department to accept the investigation and handling of the case.

Smuggled cigarettes are handled by customs.

The general inspection is basically to check three things: selling illegally produced cigarettes, transporting cigarettes without a tobacco monopoly license, and not purchasing cigarettes from local tobacco monopoly wholesale enterprises.

There are very few other cases.

The processing process, talk about the paperwork you will know.

Check the inquest record and register the notice of preservation in advance).

Transcript of interrogation, case filing report form, advance registration and preservation of the approval letter.

Evidence copy and paste form, advance registration and preservation of the transfer list of items, sample submission and inspection application form, the case can be closed after the quality inspection, and the administrative punishment notice and notice are served in advance. Take the back card... Then go to the warehouse: confiscated cigarette warehousing list or return order...

If the matter is relatively large, it is also necessary to inform the parties that they can apply for a hearing.

Criteria for filing a case for the crime of illegal economic reputation tobacco:

1. The amount of illegal business operations is more than 50,000 yuan, or the amount of illegal gains is more than 20,000 yuan;

2. Illegally dealing in more than 200,000 cigarettes;

3. Those who have received two or more administrative punishments for illegally operating tobacco monopoly products within three years, and who have illegally operated tobacco monopoly products with an amount of more than 30,000 yuan.

1. Materials to be submitted to apply for a tobacco monopoly retail license:

1. New application form for tobacco monopoly retail license.

2. Identification certificate of individual industrial and commercial households, legal representatives or persons in charge of enterprises.

3. Housing ownership certificate or housing lease agreement.

2. To apply for a tobacco monopoly production enterprise license, the following conditions shall be met:

1. Have funds suitable for the production of tobacco monopoly products;

2. Have the technical and equipment conditions required for the production of tobacco monopoly products;

3. In line with the needs of the industrial policy of the national tobacco industry and the adjustment of the organizational structure of the enterprise;

4. Other conditions stipulated by the administrative department of tobacco monopoly.

Legal basisMeasures for the Administration of Tobacco Monopoly Licenses

Article 9 The applicant shall generally submit an application in writing, or may submit an application by letter, telegram, fax, electronic data interchange and e-mail, etc., and shall fill in the format according to the requirements of the administrative department of tobacco monopoly. The applicant can entrust a person to submit an application. If the entrusting person submits an application, the principal's power of attorney and the identity certificate of the person shall be provided.

Article 21 Where the applicant requests the administrative department of tobacco monopoly to explain or explain the content of the announcement, the administrative department of tobacco monopoly shall explain and explain and provide accurate and reliable information.

Article 24 After examination, if the applicant's application meets the statutory requirements, the administrative department in charge of tobacco monopoly shall make a written decision on licensing within 20 days from the date of acceptance of the application. Where a decision cannot be made within 20 days, an extension of 10 days may be granted upon approval by the responsible person for that unit, and the applicant shall be informed of the reasons for the extension. However, where laws and regulations provide otherwise, follow those provisions.

The administrative department in charge of tobacco monopoly shall deliver the tobacco monopoly license to the applicant within 10 days from the date of making the decision to issue a tobacco monopoly license.

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.

The criteria for filing a tobacco case are as follows:

1. The amount of illegal business operations is more than 50,000 yuan, or the amount of illegal gains is more than 20,000 yuan;

2. Illegally dealing in more than 200,000 cigarettes;

3. Those who have received two or more administrative punishments within three years for illegally operating tobacco monopoly products, and have illegally operated tobacco monopoly products with an amount of more than 30,000 yuan.

To apply for a tobacco monopoly production enterprise license, there shall be funds suitable for the production of tobacco and grass monopoly products; There are the technical and equipment conditions required for the production of tobacco monopoly products; Meet the requirements of the national tobacco industry's industrial policy and the needs of enterprise organizational structure adjustment; Other conditions stipulated by the administrative department of tobacco monopoly.

Legal basis: Article 225 of the Criminal Law of the People's Republic of China.

Crime of illegal business operation] Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, 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.

The criteria for filing a tobacco case are as follows:

1. The amount of illegal business operations is more than 50,000 yuan, or the amount of illegal gains is more than 20,000 yuan;

2. Illegally dealing in more than 200,000 cigarettes;

3. Those who have received two or more administrative punishments within three years for illegally operating tobacco monopoly products, and have illegally operated tobacco monopoly products with an amount of more than 30,000 yuan.

To apply for a tobacco monopoly production enterprise license, there shall be funds suitable for the production of tobacco monopoly products; There are the technical and equipment conditions required for the production of tobacco monopoly products; Meet the requirements of the national tobacco industry's industrial policy and the needs of enterprise organizational structure adjustment; Other conditions stipulated by the administrative department of tobacco monopoly.

Legal basisArticle 225 of the Criminal Law of the People's Republic of China.

Crime of illegal business operation] Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, 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 the operation of monopoly or monopoly goods provided for by laws and administrative regulations or items restricted from trading by others 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.

1. When did the specific case occur?

2. Were these two cigarettes placed in your counter when they were seized?

3. Please explain the laws and regulations that have been violated. The first one should be Article 27 of the Regulations for the Implementation of the Tobacco Monopoly Law, right? Is Article 45 of the Provisions on Administrative Punishment Procedures for Tobacco Monopoly a hearing procedure? This needs to be known.

4. Do you install surveillance cameras in your business premises? (This is very important).

5. After the tobacco products were seized, did the administrative law enforcement personnel investigate and collect evidence on the incident? (e.g., conducting inquiries and investigations, whether the seized items are being identified and inspected, etc.).

6. Is the "Notice of Ordering Correction and Suspension of Business for Rectification" issued to you after or before you are issued the "Administrative Penalty Decision" in accordance with the law?

Only when I know the above 6 items can I inform you of the relevant legal procedures or overturn the above illegal acts.

1. Counterfeit cigarettes in the management of tobacco monopoly are generally confiscated, and foreign cigarettes are not purchased through the prescribed channels, and they will be fined and confiscated according to the percentage.

2. A few boxes of cigarettes will be confiscated at most, just ignore them, don't be afraid.

3. How can someone ask you for a bribe, keep good evidence and complain directly, the internal management of the tobacco industry is still very strict.

As a retail customer, you shouldn't be too honest. Are you afraid of him? Come to think of it, they probably don't want to do it either.

But we did break the law. But are you the only one who has offended? Did he investigate the ** of cigarettes?

Have you correctly analyzed whether you are the negligent or the victim? My opinion: upward reflection or consultation.

Summary. Article 37 of the Tobacco Monopoly Law of the People's Republic of China stipulates that if the smuggling of tobacco monopoly products constitutes the crime of smuggling, criminal responsibility shall be investigated 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. Whoever evades the tax payable by smuggling goods or articles between 50,000 and 150,000 RMB shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined between 1 and 5 times the amount of tax payable.

The standards for the transfer of cases seized by the Tobacco Monopoly Bureau, I hope the content is complete, who has it? Thank you!

Hello, I am a cooperative lawyer for consultation, what legal questions can be answered here I have received your question, here is a manual service, typing and thinking take time, please wait a while, it is helping you to solve.

Hello, my husband's smuggling cigarettes have been investigated and reported, what will be done?

About 100,000.

Article 37 of the Tobacco Monopoly Law of the People's Republic of China stipulates that if the smuggling of tobacco monopoly products constitutes the crime of smuggling, criminal responsibility shall be investigated 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. Whoever evades the tax payable by smuggling goods or articles between 50,000 and 150,000 RMB shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined between 1 and 5 times the amount of tax payable.

My husband seriously not.

If it is not serious, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and shall also be fined not less than one time but not more than five times the amount of tax payable for evasion.

That's how much money to pay.

A fine of not less than one time but not more than five times the amount of tax payable for evasion shall be imposed.

It depends on how the public security decides.

Is there police on my side?

Investigate and punish his public security organs or customs.

I checked it in Hunan.

If there is a specific penalty notice, he will be notified, don't worry, you just need to find him a lawyer to help him now.

I'm glad to answer for you this time, if you are satisfied with my above reply, you can give me a like, and click on my avatar to follow**Consultation and attention, so that I can continue to answer for you.

The criteria for filing a tobacco case are as follows:

1. The amount of illegal business operations is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;

2. Illegally dealing in more than 200,000 cigarettes;

3. Those who have received two or more administrative punishments within three years for illegally operating tobacco monopoly products, and have illegally operated tobacco monopoly products with an amount of more than 30,000 yuan.

To apply for a tobacco monopoly production enterprise license, there shall be funds suitable for the production of tobacco monopoly products; There are the technical and equipment conditions required for the production of tobacco monopoly products; Meet the requirements of the national tobacco industry's industrial policy and the needs of enterprise organizational structure adjustment; Other articles and dry pieces stipulated by the administrative department of tobacco monopoly.

Legal basisArticle 225 of the Criminal Law of the People's Republic of China.

Crime of illegal business operation] Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, 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 unauthorized business of legal or administrative regulations, monopoly or monopoly items, or other items restricted from trading;

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.