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Anonymous users2024-02-15Article 29 After the investigation of the case is concluded, the person in charge of the tobacco monopoly administrative organ shall review the results of the investigation and make the same decision according to the different circumstances
1. If there is indeed an illegal act that should be subject to administrative punishment, an administrative punishment decision shall be made based on the severity of the circumstances and the specific circumstances;
2. Where the illegal act is minor and administrative punishment may not be given in accordance with law, no administrative punishment shall be given;
3. If the facts of the violation cannot be established, an administrative punishment shall not be given, and the case shall be revoked;
4. Where the illegal act constitutes a crime, it shall be transferred to the judicial organs in accordance with law.
Article 39 In the case of illegal business turnover of more than 500,000 yuan (including 500,000 yuan), the tobacco monopoly administrative organ shall, after making an administrative penalty decision, report to the provincial tobacco monopoly administrative organ for the record; In the case of an illegal business turnover of more than 1 million yuan (including 1 million yuan), the tobacco monopoly administrative authority shall, after making an administrative penalty decision, report to the State Tobacco Monopoly Administration for the record.
If the administrative penalty decision of the lower-level tobacco monopoly administrative organ is found to be in error, the higher-level tobacco monopoly administrative organ shall have the right to revoke the decision or order the lower-level tobacco monopoly administrative organ to retry the case.
China's tobacco Shizhou orange line is a monopoly policy, that is, the state is unified to carry out the monopoly of distribution, any individual or enterprise is not allowed to sell tobacco privately, if the relevant illegal acts are found, they can be punished according to the relevant provisions of the law. In judicial practice, the standard of punishment for the crime of illegal tobacco trading is determined according to the amount of money involved, and the punishment procedure for constituting a certain amount of money is different.
1. How to punish employees who illegally operate tobacco?
In the case of illegal tobacco trading, the punishment for employees is: fixed-term imprisonment of not more than five years or criminal detention for unsuccessful results, and/or a fine of not less than one time but not more than five times the illegal gains; 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. After the investigation of the case is concluded, the person in charge of the tobacco monopoly administrative authority shall review the results of the investigation and make a decision based on different circumstances.
Engaging in franchises, monopoly items or other restricted items without permission, buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated by laws and administrative regulations, as well as engaging in other 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, 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. The following issues need to be paid attention to in determining the crime of illegal business operation:
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 illegally operating tobacco monopoly products with an amount of more than 30,000 yuan; It constitutes the crime of illegal business operation.
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Anonymous users2024-02-14The administrative punishment of the Tobacco Monopoly Law is: if a tobacco product is produced without a license from a tobacco monopoly production enterprise, the administrative department in charge of tobacco monopoly shall order it to close down, confiscate the illegal gains, 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.
Tobacco Monopoly Law of the People's Republic of China
Article 30. If a tobacco monopoly production enterprise is not stupid enough to license the production of tobacco products, the tobacco monopoly administrative department shall order it to be shut down, confiscate the illegal gains, 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.
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Anonymous users2024-02-13Legal analysis: After an administrative punishment decision is made, the parties shall fully perform it within the prescribed time limit. If the fine is not paid when due, the administrative department in charge of tobacco monopoly may impose an additional fine of 3 percent of the amount of the fine per day.
In accordance with the regulations, Boming cancels the qualifications of enterprises or individuals to engage in tobacco monopoly business.
Legal basis: Article 53 of the Provisions on Administrative Punishment Procedures for Tobacco Monopoly Where an enterprise or individual is disqualified from engaging in tobacco monopoly business in accordance with the law, the original licensing authority shall promptly withdraw the tobacco monopoly license and go through the formalities for cancellation of the tobacco monopoly license in accordance with the law; If it cannot be recovered due to objective reasons, the original licensing authority shall indicate the circumstances, cancel the tobacco monopoly license in accordance with the law, and make an announcement to the public.
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Anonymous users2024-02-12The types of administrative penalties imposed by the administrative departments of tobacco monopoly include the following five categories:
1. 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, the confiscation of resold tobacco monopoly, and the confiscation of smuggled tobacco monopoly. The key is not.
3. Ordering the suspension of production and business, including ordering the closure of enterprises that do not have a tobacco monopoly manufacturer, Xu Wanming, who can be certified to produce tobacco products; 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 and return 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 license to 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 monopoly, etc.
5. Other administrative penalties provided for by laws and regulations.
Tobacco monopoly administrative punishment cases are under the jurisdiction of the tobacco monopoly administrative organ at the place where the illegal act occurred. The administrative organ for tobacco monopoly at the county (city) level has jurisdiction over cases occurring within its jurisdiction. The administrative organs for tobacco monopoly at the prefectural and municipal levels have jurisdiction over cases that have a greater impact within their jurisdictions.
The administrative organs of tobacco monopoly of provinces, autonomous regions and municipalities directly under the Central Government have jurisdiction over major and complex cases occurring within their respective jurisdictions. The tobacco monopoly administrative authority has jurisdiction over cases that have a significant impact on the whole country. Cases with joint jurisdiction shall be investigated and dealt with by the tobacco monopoly administrative authority that files the case first, and if a dispute over jurisdiction arises, the parties to the dispute shall resolve it through negotiation; If the negotiation fails, it shall be reported to the administrative authority of the tobacco monopoly at the previous level jointly owned by all parties to designate jurisdiction.
If the tobacco monopoly administrative organ finds that the case it is investigating and handling is not within its jurisdiction, it shall promptly transfer the case to the tobacco monopoly administrative organ or other law enforcement agency with jurisdiction.
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The administrative law enforcement procedures are as follows: >>>More
1. The food and drug supervision and administration department shall comply with these provisions in accordance with the provisions of the administrative punishment of units or individuals who violate the laws, regulations and rules on the administration of food, health food, drugs, cosmetics and medical devices. 2. The food balance and drug supervision and administration department shall implement administrative penalties, follow the principles of openness, fairness and justice, and ensure that the facts are clear, the evidence is conclusive, the procedures are legal, the application of laws, regulations and rules is accurate and appropriate, and the use of law enforcement documents is standardized. 3. Citizens, legal persons or other organizations have the right to make statements and defenses against the administrative penalties given by the food and drug supervision and administration departments; Those who are dissatisfied with the administrative punishment have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with law. >>>More
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1. BCD, the "Administrative Punishment Law of the People's Republic of China" stipulates: "Before an administrative organ makes an administrative penalty decision such as ordering the suspension of production and business, revoking permits or licenses, or imposing a relatively large fine, it shall inform the parties that they have the right to request a hearing. "2. b Submit a reconsideration to the organ at the next higher level than the organ that took the specific administrative act. Beg.