The reasons for Ms. Lu's appeal seem to be many, but they can be summarized as follows:
First, all the cigarettes she bought are real cigarettes, and the source can be explained;
Second, she bought cigarettes for her sister's marriage, not for profit, and provided relevant evidence that her sister was ready to get married;
Third, as a professional company, the courier company should point out when delivering if it cannot be transported;
Fourth, she just delivered the goods and didn't start the transportation. The circumstances are very minor, and the fine of more than 10,000 yuan is too heavy.
The Tobacco Bureau provided the court with relevant evidence and legal basis for seizure, namely:
1. 1993 Notice of the State Tobacco Monopoly Bureau and the Ministry of Posts and Telecommunications on Resuming Postal Service of Tobacco and Its Products stipulates that cigarettes and cigars are limited to two pieces (400 pieces) each (and each person is limited to one piece at a time).
Second, the "Tobacco Law" stipulates that if consigning or transporting tobacco monopoly products without a transportation permit or exceeding the limit, a fine of more than 20% and less than 50% of the value of the tobacco monopoly products transported at the place will be imposed.
Based on the above two provisions, the Tobacco Bureau imposed a fine of 30% on Ms. Lu, namely 10080 yuan. After hearing the case, the court held that the tobacco bureau punished the facts clearly and the evidence was conclusive, so it was prepared by law, so Ms. Lu's prosecution was rejected. In fact, we carefully studied the case and found that the punishment of the Tobacco Bureau and the judgment of the court seemed legal, but in fact there were many doubts.
What are the rules? First, the Tobacco Monopoly Law regulates operators, not consumers. In other words, as long as the law does not limit the number of consumers to buy, consumers can carry it. As netizens questioned, a smoker worried about increase in the price of cigarettes and bought a lot in advance. Suddenly, he wanted to move to another place. Can't he bring the cigarettes he bought?
Second, the basis of the tobacco bureau's punishment is a notice of 1993 that no longer exists in the Ministry of Posts and Telecommunications. Moreover, the current law allows individuals to bring their own cigarettes, limited to 50 cigarettes, and Ms. Lu mailed 48 cigarettes, which did not exceed the number;
Third, the cigarettes purchased by Ms. Lu are all real cigarettes, which have not caused losses to the country and are prepared for personal use, which will not disturb the order of the local tobacco market; Fourth, Ms. Lu is only delivering goods at present. With the consent of the courier company, there is no transportation yet, and the circumstances are very minor. According to the provisions of the Administrative Punishment Law, if the illegal act is particularly minor, it may not be punished.
Therefore, if Ms. Lu refuses to accept the judgment, she can still choose to appeal or apply to the procuratorate for supervision and file a retrial, and at the same time ask the court to review the legality of the notice from the Tobacco Resale Bureau and the Ministry of Posts and Telecommunications. In addition, Ms. Lu can also file a separate lawsuit and ask the courier company to compensate the courier company for failing to fulfill its obligation to inform. Dear readers, what do you think of this?