I put two cigarettes in my store that are not imported from tobacco, how should the owner be punishe

Updated on society 2024-04-04
12 answers
  1. Anonymous users2024-02-07

    If the party has two cigarettes in the store that are not imported from tobacco, the circumstances are minor, and the competent department generally confiscates them and may impose a fine.

    Where the circumstances of reselling tobacco monopoly products are minor and do not constitute a crime, the administrative department for industry and commerce shall confiscate the resold tobacco monopoly products and unlawful gains, and may impose a concurrent fine.

    In accordance with the provisions of the Tobacco Monopoly Law of the People's Republic of China.

    Article 33 Anyone who produces or sells cigarettes, cigarettes, or packaged tobacco without registered trademarks shall be ordered by the administrative department for industry and commerce to stop the production and sale and shall also be fined.

    Where tobacco products are produced or sold with counterfeit registered trademarks of others, the administrative department for industry and commerce shall order them to stop the infringing acts, compensate the infringed party for their losses, and may impose a concurrent fine; where a crime is constituted, criminal responsibility is pursued in accordance with law.

    Article 35 Where the resale of 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 resold tobacco monopoly products and illegal gains, and may impose a concurrent fine.

    Where the administrative department in charge of tobacco monopoly or the staff of a tobacco company takes advantage of their position to commit the crime described in the preceding paragraph, they shall be given a heavier punishment in accordance with law.

    Article 37 Where 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.

    Where the administrative department in charge of tobacco monopoly or the staff of a tobacco company takes advantage of their position to commit the crime described in the preceding paragraph, they shall be given a heavier punishment in accordance with law.

  2. Anonymous users2024-02-06

    In simple terms:1These 2 cigarettes are real cigarettes, but the code is not from your store, and it belongs to "not purchased in the local wholesale enterprise", and a fine of 5% of the total purchase amount (i.e. wholesale price) will be fined.

    Only if the total purchase amount is greater than 1,000 yuan or more than 10 pieces, it will be classified into the next level and will be fined according to 10%. The penalty also deducts your integrity score.

    2.These 2 cigarettes are fake cigarettes, destroyed on the spot, deducted from the integrity score, and lowered the star rating, so that you can't order high-end cigarettes like China from tobacco. But talk to the salesman, and some won't deduct your points.

  3. Anonymous users2024-02-05

    If those 2 cigarettes are real cigarettes, they are "not purchased from a local wholesale company". A fine of between 5% and 10% of the total purchase amount will be imposed.

  4. Anonymous users2024-02-04

    Failure to purchase goods from local tobacco monopoly wholesale enterprises will result in a fine of 5% to 10% of the total value of the goods.

  5. Anonymous users2024-02-03

    What kind of cigarette, as long as it is not an external cigarette, there is no problem, if so, it will be confiscated! It also depends on whether the inspectors are attentive".

  6. Anonymous users2024-02-02

    Legal analysis: The licensee (party) did not purchase tobacco products in the local tobacco monopoly wholesale enterprise, in violation of the "Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China" (the act of not purchasing tobacco products in the local tobacco monopoly wholesale enterprise refers to: the licensee from other places or other local vendors after purchasing genuine cigarettes, in its store.

    In response to the above-mentioned illegal acts, the tobacco monopoly bureau at or above the county level (including county-level bureaus) where the case occurred shall, in accordance with the provisions of Article 56 and Article 14, Paragraph 1 of the "Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China" (Administrative Regulations) and Article 44, Paragraph 1 of the "Measures for the Administration of Tobacco Monopoly Licenses" (Administrative Regulations), give the violators the following administrative penalties and behavioral penalties (also known as ability punishments):

    1. Confiscation of illegal gains may result in a fine of between 5% and 10% of the total purchase amount.

    2. The licensing authority may order the licensee to suspend the tobacco monopoly business and carry out rectification until its qualification to engage in tobacco monopoly business is revoked in accordance with the law. (The period for ordering the suspension of business for rectification must not exceed 6 months).

    Legal basis: Article 14 of the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China The licensing authority of the tobacco monopoly license may regularly or irregularly inspect the enterprises and individuals that have obtained the tobacco monopoly license. If the conditions stipulated in the "Tobacco Monopoly Law" and these Regulations are not met after inspection, the organ that issued the tobacco monopoly license may order the suspension of the tobacco monopoly business, carry out rectification, and even cancel the qualification to engage in the tobacco monopoly business.

    The specific management measures for the monopoly license of tobacco reed and grass shall be formulated by the administrative department of tobacco monopoly in accordance with the provisions of these Regulations.

  7. Anonymous users2024-02-01

    This is illegal under the Tobacco Monopoly Ordinance. Private individuals cannot buy and sell goods casually in this way, and if they are discovered, they may be confiscated and fined. I've done this before. was dealt with.

  8. Anonymous users2024-01-31

    Legal, the State Administration for Industry and Commerce and the Advertising Law stipulate that tobacco shall not be advertised, and violators will be fined, which is punished according to law!

  9. Anonymous users2024-01-30

    If you feel that it is not legal, you can file an appeal, or you can ask the lawyer of the legal partner platform, and they will know better.

  10. Anonymous users2024-01-29

    Legal analysis: 1. Confiscation of illegal gains can be imposed on a fine of between 5% and 10% of the total purchase amount. 2. Order the licensee to suspend the tobacco monopoly business and rectify until the qualification to engage in the tobacco monopoly business is cancelled.

    Legal basis: Criminal Law of the People's Republic of China" Article 225: Where state provisions are violated by any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains is to be given, and where the festival is particularly serious, a sentence of not less than five years imprisonment is to be given, and a fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given: (1) Engaging in a franchise as provided for by laws and administrative regulations without permission, Monopoly goods or other restricted items, 2) the purchase and sale of import and export licenses, import and export certificates of origin, and other laws and administrative regulations of the business license or approval documents, 3) without the approval of the relevant competent state departments, illegal business operations, or insurance business, (4) other illegal business activities that seriously disrupt the market order.

    Tobacco Monopoly Law of the People's Republic of China

    Article 22 Consignment or self-transport of tobacco monopoly products must hold a transport permit issued by the tobacco monopoly administrative department or an organization authorized by the tobacco monopoly administrative department; The carrier shall not carry the carriage without a transport permit.

    Article 31 If there is no transport permit or the quantity specified in the transport permit is consigned or self-transported, the tobacco monopoly administrative department shall impose a fine, and the tobacco monopoly goods illegally transported may be purchased in accordance with the provisions of the state; where the circumstances are serious, confiscate the illegally transported tobacco monopoly and unlawful gains.

  11. Anonymous users2024-01-28

    Legal Analysis: Illegal gains are confiscated and a certain amount of fines are imposed. Units or individuals without tobacco sales licenses who sell more than 200,000 pieces of tobacco constitute a crime, and those who sell more than 50 pieces of tobacco need to be subject to administrative punishment.

    where the circumstances are especially serious, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property.

    Legal basis: Article 225 of the Criminal Law of the People's Republic of China violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, 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 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) Other illegal business activities that seriously disrupt the early order of the market.

  12. Anonymous users2024-01-27

    Where the circumstances are serious, the sentence is up to five years imprisonment or short-term detention and a concurrent fine of between 1 and 5 times the amount of unlawful gains or a single sentence is to be given; where the circumstances are especially serious, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property. According to the relevant laws of our country, if one of the following illegal business activities is committed in violation of national regulations, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention shall be imposed, and/or a fine of not less than five times the amount of 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 **, **, 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.

    Legal basis. Article 225 of the Criminal Law of the People's Republic of China [Crime of Illegal Business Operations] Whoever violates state regulations by committing any of the following illegal jujube business operations, 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 one and five 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 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 **, **, 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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