What are the entities of administrative punishment for tobacco monopoly?

In any of the following circumstances, the illegally transported tobacco monopoly and illegal gains shall be confiscated: (1) the value of the illegally transported tobacco monopoly exceeds 50,000 yuan or the number of cigarettes transported exceeds 100 (1 for every 10,000 cigarettes);

2) Being punished more than twice by the administrative department for tobacco monopoly;

3) Resisting the inspection carried out by the supervision and inspection personnel of the administrative department in charge of tobacco monopoly in accordance with the law;

4) Illegally transporting smuggled tobacco monopoly products;

5) Transporting tobacco monopoly products produced by enterprises without a tobacco monopoly production enterprise license;

6) Using camouflage to illegally transport tobacco monopolies;

7) Using special vehicles to transport tobacco monopoly products to evade inspection;

8) Other acts of illegal transportation, where the circumstances are serious.

In accordance with the relevant provisions of the Administrative Punishment Law, the subject of administrative punishment is statutory. Administrative organs enjoy the power of administrative punishment; According to the authorization of laws and regulations, organizations with the function of managing public affairs may also enjoy the power of administrative punishment; On the basis of the entrustment of the administrative organs, organizations that meet the legally-prescribed requirements may exercise the power of administrative punishment. However, as far as a specific administrative penalty power is concerned (such as the power to impose administrative penalties on tobacco monopoly), not all administrative entities automatically enjoy it.

Whether an administrative organ enjoys the power of administrative punishment and what kind of administrative punishment power it enjoys shall be decided by the provincial people authorized by the people. According to the provisions of the current tobacco monopoly laws, regulations and relevant laws, the following types of administrative organs may be the subject of administrative punishment for tobacco monopoly:

1) The administrative department in charge of tobacco monopoly (tobacco monopoly bureaus at all levels) is in charge of cases of violation of national tobacco monopoly laws, regulations and rules in the production, sales, transportation, import and export of tobacco monopoly products.

2) Cases of unlicensed retail sales of tobacco products, counterfeiting of registered trademarks, cases of unregistered trademarks, and cases of illegal printing of trademark logos of tobacco products in charge of the administrative department for industry and commerce.

3) Cases of smuggling tobacco monopoly products in charge of customs, illegal storage of duty-free imported tobacco products, and illegal operation of cigarettes and cigars in customs supervision areas.

4) The quality and technical supervision and management department has the right to investigate and deal with cases of counterfeit tobacco monopolies.

Legal analysis: The types of administrative penalties imposed by the administrative departments of tobacco monopoly include the following five categories:

a) Fines. 2) The confiscation of property includes the confiscation of illegal gains, the confiscation of illegally purchased tobacco leaves, the confiscation of illegally transported tobacco monopoly products, the confiscation of resold tobacco monopoly products, and the confiscation of smuggled tobacco monopoly products.

3) Ordering the suspension of production and business, including ordering the closure of enterprises producing tobacco products without a tobacco monopoly production enterprise license; order enterprises that produce cigarette papers, filter rods, tobacco tows and tobacco-specific machinery without a tobacco monopoly production enterprise license to stop production; order those who operate tobacco products wholesale business without a tobacco monopoly wholesale enterprise license to close down or stop operating tobacco product wholesale business; order enterprises with tobacco monopoly wholesale enterprise licenses to suspend the operation of cigarette wholesale business; order the cessation of the sale of illicitly produced tobacco products; Order those who do not have a special tobacco monopoly business or Xu Zubi can stop operating the import and export business of tobacco monopoly products or the purchase and sale of foreign tobacco products.

4) Disqualification, such as disqualification from auctioning tobacco monopolies.

5) Other administrative punishments provided for by laws and regulations.

Legal basis: Provisions on Administrative Punishment Procedures for Tobacco Monopoly Article 39 The administrative department in charge of tobacco monopoly shall, according to the different circumstances of the case, make the following decisions:

1) Where there is indeed an illegal act that should be subject to administrative punishment, a corresponding administrative punishment decision is to be made in accordance with law;

2) Where the illegal conduct is minor and administrative punishment may not be given in accordance with law, administrative punishment is not to be given;

3) Where the facts of the violation are not established, a decision is made not to give administrative punishment and the case is to be withdrawn;

4) Where the illegal conduct is suspected of being a crime, it shall be transferred to the judicial organs for handling in accordance with law.

In any of the following circumstances, the illegally transported tobacco monopoly products and illegal gains shall be confiscated:

1) The value of illegally transported tobacco monopoly exceeds 50,000 yuan, or the quantity of cigarettes transported exceeds 100 (1 for every 10,000 cigarettes);

2) Punished by the administrative department of tobacco monopoly for more than two times;

3) Resisting the inspection carried out in accordance with the law by the supervision and inspection personnel accompanied by the competent administrative department for tobacco monopoly;

4) Illegally transporting smuggled tobacco monopoly products;

5) Transporting tobacco monopoly products produced by enterprises without a tobacco monopoly production enterprise license;

6) Using camouflage to illegally transport tobacco monopoly products;

7) Using special vehicles to transport tobacco monopoly products to evade inspection;

8) Other acts of illegal transportation, where the circumstances are serious.

Legal Analysis: The Provisions on Administrative Punishment Procedures for Tobacco Monopoly was deliberated and adopted by the Ministry of Industry and Information Technology at the 8th meeting on December 29, 2009, and came into force on May 1, 2010.

Legal basis: Provisions on Administrative Punishment Procedures for Tobacco Monopoly

Chapter I: General Provisions.

Chapter II: Jurisdiction.

3rd Liter Leather Seal Simplified Procedure.

Chapter 4 General Procedures and Laughter Ruler Order.

Chapter V: Hearing Procedures.

Chapter VI: Enforcement of Administrative Punishments.

Chapter VII: Law Enforcement Oversight.

Chapter VIII: Legal Responsibility.

Chapter IX: Supplementary Provisions.