1. This constitutes an administrative violation.
Article 32 of the Regulations for the Implementation of People's Republic of China (PRC) Tobacco Monopoly Law clearly stipulates that counterfeit trademark tobacco products seized by relevant departments according to law shall be handed over to the tobacco monopoly administrative department for public destruction in accordance with relevant state regulations, and it is prohibited to sell them in any way. At the same time, Article 46 of the Regulations also stipulates that the department of tobacco monopoly administration shall supervise and inspect the implementation of the tobacco monopoly law and these Regulations according to law, investigate and deal with cases that violate the tobacco monopoly law and these Regulations, and investigate and deal with smuggling, counterfeiting and shoddy tobacco monopoly products jointly with relevant state departments.
Second, it constitutes a criminal offence.
According to the provisions of the Criminal Law of People's Republic of China (PRC), whoever, in violation of state regulations, engages in the following illegal business activities and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted 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 stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business.
Whoever sells fake cigarettes to a certain amount shall be punished in accordance with the provisions of Item (1).