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1. Any unit or individual transporting, storing, or trading refined oil products shall be approved by the relevant competent departments and have legal and complete business procedures.
2. Cases of smuggling refined oil products seized by various law enforcement departments shall be handed over to the customs for unified handling in accordance with the provisions of the anti-smuggling system.
3. If any unit or individual transports, stores, or buys or sells refined oil products in the inland sea, territorial sea, boundary river, boundary lake, and designated coastal areas near the Customs, without legal and complete procedures, the customs, public security (frontier defense), and industrial and commercial administrative departments shall, in accordance with the provisions of this Circular, confiscate the refined oil products without legal and complete procedures according to law, and shall not be fined and released.
4. The refined oil confiscated by the customs, public security (frontier defense) and industrial and commercial administrative departments without legal and complete procedures shall be sold to the petroleum wholesale enterprises affiliated to China National Petroleum Corporation and China Petroleum & Chemical Corporation in accordance with regulations, and the sale shall not be less than that of domestic kerosene factories of the same type of oil products, and the proceeds from the sale shall be handed over to the state treasury in accordance with regulations.
5. All localities and departments should strengthen the management of units and individuals transporting, storing, and trading refined oil, actively support the law enforcement activities of the customs, public security (border defense), and industrial and commercial administrative departments, and promptly reply to the relevant procedures requested by the law enforcement departments for verification. For illegal enterprises investigated and dealt with by law enforcement departments, the relevant management departments shall order them to suspend business for rectification or cancel their business qualifications in accordance with the law.
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According to 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, shall be sentenced to up to five years imprisonment or short-term detention, and/or a fine of not less than one time but not more 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 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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Anyone who illegally manufactures, trades, transports, or stores toxic, radioactive, infectious agents, or other substances that endanger public safety, and is suspected of one of the following circumstances, shall be prosecuted: (1) the person is seriously injured or killed; (2) direct economic losses of more than 100,000 yuan; (3) Illegally manufacturing, trading, transporting, or storing rat poison, fluoroacetamide, fluoroacetamide, rat poison silicon, glycofluoride powder, stock solution, more than 50 grams of Shenzhongqing preparations, or more than 2 kilograms of bait; (4) Acute poisoning, radiation disease or epidemic or outbreak of infectious diseases; (5) Causing serious environmental pollution; (6) Damage to public safety caused by theft of toxic, radioactive, radioactive, stolen substances, etc.).
Article 2 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1).
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1) Illegal manufacturing refers to the manufacture (including modification and assembly) of dangerous travel and dangerous substances without national permission.
2) Illegal trading refers to the purchase or purchase of dangerous substances in violation of relevant laws and regulations. As long as there is one of the behaviors of buying or **, the "sale" here can be established, and it is not required to buy and sell. It can be seen that the word "sale" is interpreted in an expanded manner.
3) "Transportation" includes both domestic transportation, as well as transportation from China to overseas and shipment from overseas to China. In other words, the word "transport" encompasses both domestic transportation in the literal sense of the word, as well as smuggling across domestic and foreign borders. Hidden sources.
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The sentencing provisions for the crime of illegally manufacturing, trading, transporting, infiltrating, or storing dangerous substances are: Whoever commits the crime knowingly shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Where the circumstances of the perpetrator's crime are serious and good, he may be sentenced to 10 or more years imprisonment, life imprisonment, or death.
The crime of illegally manufacturing, trading, transporting, or storing dangerous substances refers to the illegal manufacture, sale, transportation, or storage of toxic, radioactive, or infectious disease pathogenic substances, endangering public safety, without the approval of the relevant state departments.
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Legal analysis: The crime of illegally manufacturing, trading, transporting, and storing dangerous substances refers to the illegal sale, transportation, and storage of nuclear materials in violation of laws and regulations and without the approval of relevant state departments. The object of the offence is public safety and the State's nuclear material management system.
Nuclear material is a radioactive material used to carry out nuclear fusion in an atomic reactor and produce atomic energy at the same time.
Legal basis: Article 125 of the Criminal Law of the People's Republic of China Whoever illegally manufactures, buys, sells, transports, mails, or stores firearms, ammunition, or ** items shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; where the circumstances are serious, the sentence is 10 or more years imprisonment, life imprisonment, or death. Where illegal information is manufactured, traded, transported, or stored in toxic, radioactive, or infectious disease pathogens, endangering public safety, punishment is to be given in accordance with the provisions of the preceding paragraph.
Where a unit commits the crimes in the preceding two paragraphs, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the first paragraph.
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According to the relevant laws and regulations of the Criminal Law of the People's Republic of China, the crime of illegally manufacturing, trading, transporting and storing dangerous substances refers to the illegal manufacture or sale or transportation or storage of substances containing poisonous, radioactive or infectious disease pathogens without the approval of the relevant state departments, and ultimately endangering public safety. Article 125 of the Criminal Law Whoever illegally manufactures, trades, transports, mails, or stores firearms, ammunition, or articles Whoever illegally manufactures, trades, transports, mails, or stores firearms, ammunition, or articles shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; where the circumstances are serious, the sentence is 10 or more years imprisonment, life imprisonment, or death. Illegally manufactured, traded, transported, or stored toxic, radioactive, or infectious disease pathogens, endangering public safety, shall be punished in accordance with the provisions of the preceding paragraph.
If a unit orders Kuan Lu to commit the crimes in the preceding two paragraphs, the unit shall be fined, and the person in charge and other persons directly responsible shall be punished in accordance with the provisions of the first paragraph.
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Anyone who illegally manufactures, trades, or transports substances such as poisonous, radioactive, or infectious disease agents in the mountains and wilderness, endangering public safety, and is suspected of any of the following circumstances, shall be prosecuted: (1) the person is seriously injured or killed; (2) direct economic losses of more than 100,000 yuan; (3) Illegally manufacturing, trading, transporting, or storing rat poison, fluoroacetamide, fluoroacetamide, rat poison silicon, glycofluoride powder, stock solution, or preparation of more than 50 grams or more of bait of more than 2 kilograms; (4) Acute poisoning, radiation sickness, or teasing about the epidemic of infectious diseases, or the outbreak of sudden widening; (5) Causing serious environmental pollution; (6) Damage to public safety caused by theft of toxic, radioactive, radioactive, stolen substances, etc.).
Article 2 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1).
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