Restricted trading: Lianyungang police strictly check illegal sales of fireworks

2022-07-10 0 By

Articles restricted from sale include monopoly and franchised articles.Monopoly articles in the legal sense only refer to tobacco and its products;Exclusive goods, only refers to military products.Other articles restricted from sale should be identified according to the meaning of “speculation”, otherwise, China’s administrative licensing system may become the “protection umbrella” of special interests.For example, selling fireworks across county boundaries may be considered illegal.In the era of planned economy, most goods and services in China were priced by the government or guided by the government.The government sets prices mainly on the basis of production and operating costs, rather than on the basis of market supply and demand.Due to the low level of productivity at that time, the supply of most goods and services was less than demand, and the mark-up selling behavior was speculation.In the era of market economy, the public should not consider planned economy as a “flood beast”.Free capitalist countries also have planned economies. Wine production and operation in France is another form of planned economy. For example, wine associations can control the output of wine production by producers and operators.The differences between the two planned economies are as follows: the early planned economy in China was implemented by laws and policies;The planned economy of capitalist countries is implemented by agreement.This agreement is known as a monopoly agreement;Whether monopoly agreements are bad or good depends on the cost of production and operation.For example, the huge fines imposed by European countries or the European Union on companies such as Microsoft of the United States can be regarded as another kind of punishment for speculative profiteering.Speculation and profiteering in capitalist countries may not bear criminal responsibility, but need to bear administrative responsibility;But in our country, speculation and profiteering behavior may need to bear criminal responsibility.Speculation and Illegal Operation Evaluation of tobacco monopoly, etc. According to the principle of law, a licensed retail operator may obtain tobacco products for sale from any wholesale operator;The department of tobacco monopoly administration implements another type of monopoly operation through transportation.Article 33 of the Regulations for the Implementation of the Monopoly Law stipulates that transportation of tobacco monopoly commodities imported across provinces, autonomous regions, or municipalities directly under the Central Government shall be handled by consigning or self-transportation on the basis of a transportation permit for tobacco monopoly commodities issued by the department of tobacco monopoly administration under The State Council or its authorized agencies.China has “Tobacco Monopoly Law”, identifying illegal trading of tobacco and its products as illegal business crime has legal basis.Tobacco and its products are harmful to people’s health. The consideration of tobacco monopoly is mainly to ensure the need of national financial revenue.State taxation on tobacco and its products does not conflict with market monopoly.By controlling transportation, tobacco monopoly in China has become A provincial monopoly. For example, tobacco companies in Province A cannot operate in Province B.It should be noted that the state has also implemented the monopoly system for salt;The abolition of the monopoly system will not affect the order of the salt industry.Similarly, the state has solved the problems of the quality of tobacco products and the security of fiscal revenue, so there is room for discussion on the abolition of tobacco monopoly.For example, countries such as Japan do not have a monopoly on tobacco.Evaluation of franchised goods Franchised goods, in theory only refers to military products, but in judicial practice it is considered to be products and services that need to obtain administrative license. For example, selling gasoline and natural gas without obtaining administrative license is identified as a crime of illegal operation.Products and services under the administrative license system become the interests of specific people, and without administrative license can be evaluated as illegal business, but it is not the crime of illegal business in the criminal law.According to the theory of criminal law, the crime of illegal business is evolved from the crime of speculation and profiteering.According to the rules of historical interpretation, it is a crime to increase the price of goods and services priced by the state.For example, the actor running a school without a certificate, charging tuition fees below the national standards can not be identified as this crime;Another example, the actor who obtains the school-running license and gains benefits through the transfer of administrative license shall be identified as a crime of illegal business operation.It is clearly improper to correspond a franchised item to an administrative licence, for example the offence of illegal mining corresponds to the act of mining without a mining licence.The problem is, what kind of charges should be applied to those who have not obtained administrative permits for dangerous substances such as gasoline and fireworks?The difference between explosives and dangerous substances and dangerous chemicals Whether gasoline, fireworks and other substances are explosives or dangerous substances, or dangerous chemicals involve major issues such as this crime and other crimes, crime and non-crime.According to the Notice on Strengthening investigation of Criminal Responsibility for Illegal Production and Operation of Fireworks suspected of crimes issued on September 6, 2012, illegal production and operation of fireworks and fireworks and related activities involving illegal manufacturing, trading, transportation, mailing and storage of black gunpowder and pyrotechnic drugs should be identified as this crime.However, those who illegally trade in, transport, mail or store fireworks and firecrackers shall not be identified as the crime of illegally manufacturing, trading in, transport, mail or store explosives.Hazardous substances refer to substances that are toxic, radioactive and pathogen of infectious diseases;The perpetrator who illegally manufactures, trades in, transports, stores gasoline, fireworks, etc. without administrative license shall not be identified as the crime of illegally manufacturing, trades in, transports, stores dangerous substances.Substances such as gasoline and fireworks can be assessed as hazardous chemicals.Hazardous chemicals refer to highly toxic chemicals and other chemicals that have the properties of poisoning, corrosion, explosion, combustion and combustion-supporting, etc., and are harmful to human body, facilities and environment.According to the Regulations on the Safety Administration of Hazardous Chemicals, those engaged in the road transport of hazardous chemicals shall obtain the road transport license for dangerous goods and go through the registration formalities with the administrative department for industry and commerce.Transporting gasoline, fireworks and other substances without a license may constitute a crime of dangerous driving, even for units that have obtained administrative permits. For example, fireworks wholesalers may still be guilty of a crime if they have not obtained road transportation permits for dangerous goods.The crime of causing damage to dangerous goods refers to the act of violating the regulations on the control of explosive, inflammable, radioactive, toxic or corrosive goods, which causes a serious accident in the course of production, storage, transportation or use and results in serious consequences.If there are no serious consequences, no crime shall be constituted.Evaluation on the sale of fireworks and firecrackers across the county as far as the sale of fireworks and firecrackers across the county is concerned, it may be evaluated as illegal business, but the illegal business is not the crime of illegal business in the sense of criminal law;The reason why the crime of illegal business operation becomes another “mouth crime” is related to interests in most cases.Retail operators of fireworks mainly meet the following requirements: The main person in charge has undergone safety knowledge education;Implement special store or counter sales, assign special personnel to be responsible for safety management;The business site shall be equipped with necessary fire fighting equipment and put up obvious safety warning labels.Business operators who apply for engaging in fireworks retail shall apply to the supervision and administration department of production safety of the local people’s government at the county level;The supervision and administration department of production safety accepting the application shall, within 20 days from the date of accepting the application, examine the relevant materials and business sites submitted, and issue a License for Fireworks Business (Retail) to those meeting the requirements;If the conditions are not met, reasons shall be given.Selling fireworks across county boundaries was identified as an illegal business crime, mainly involving the interests of wholesalers.The difficulty lies in transportation and storage: the carrier of fireworks must have the qualification certificate of dangerous goods transportation;Retail fireworks storage needs special stores or counters.The designated sale of fireworks does not comply with the law