Wechat business refers to the direct selling or distribution mode of enterprises, economic organizations or natural persons using the Internet platform, and the commercial behavior of selling goods or services without stores. WeChat service providers refer to enterprises, economic organizations or natural persons engaged in WeChat business.
The so-called crime of illegal business operation refers to the crime of committing one of the following illegal business operations in violation of state regulations:
1. Without permission, engaging in franchise or monopoly commodities or other commodities whose operation is restricted by laws and administrative regulations;
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;
3, without the approval of the relevant competent departments of the state, illegally engaged in securities, futures or insurance business, or illegally engaged in fund settlement business;
4, engaged in other illegal business activities, disrupting market order, serious behavior.
With the development of network platform, WeChat business is becoming more and more popular. But not all goods can be sold through WeChat business. Cigarettes are state monopoly products, which belong to restricted business. If you want to sell cigarettes, you must meet two conditions at the same time: you must obtain a tobacco monopoly license and have a fixed business place. The sale of cigarettes can only be sold in designated areas, and it is strictly forbidden to sell cigarettes through Internet forms such as WeChat, which constitutes the crime of illegal business operations for those involved in a large amount.
Tobacco monopoly law
Article 3 The State shall, in accordance with the law, exercise monopoly administration over the production, sale, import and export of tobacco monopoly commodities, and implement a tobacco monopoly license system.
Fifteenth enterprises engaged in the wholesale business of tobacco products must be approved by the department of tobacco monopoly administration in the State Council or the department of tobacco monopoly administration at the provincial level, obtain the license of tobacco monopoly wholesale enterprise, and be approved and registered by the administrative department for industry and commerce.
Article 16 An enterprise or individual engaged in the retail business of tobacco products shall issue a tobacco monopoly retail license upon the entrustment of the superior tobacco monopoly administrative department and the examination and approval of the administrative department for industry and commerce of the people's government at the county level. If a county-level tobacco monopoly administrative department has been established, it may also issue a tobacco monopoly retail license upon examination and approval by the county-level tobacco monopoly administrative department.
Article 21 To consign or consign tobacco monopoly products, it is necessary to hold a transportation permit issued by the department of tobacco monopoly administration or an institution authorized by the department of tobacco monopoly administration; Without a transport license, the carrier shall not carry the goods.
Twenty-second mailing and carrying tobacco leaves and tobacco products in different places shall not exceed the limit set by the relevant competent department of the State Council.
Article 31 Anyone who engages in the wholesale business of tobacco products without obtaining the license of tobacco monopoly wholesale enterprise shall be ordered by the department of tobacco monopoly administration to close or stop the wholesale business of tobacco products, and his illegal income shall be confiscated and he shall also be fined.
Article 32 Whoever engages in the retail business of tobacco products without a tobacco monopoly retail license shall be ordered by the administrative department for industry and commerce to stop the retail business of tobacco products, confiscate the illegal income and impose a fine.
Article 35 Whoever resells tobacco monopoly commodities, which constitutes a crime, shall be investigated for criminal responsibility according to law; If the circumstances are minor and do not constitute a crime, the administrative department for industry and commerce shall confiscate the tobacco monopoly products and illegal income, and may also impose a fine.
Any staff member of the department of tobacco monopoly administration or tobacco company who takes advantage of his position to commit the crime mentioned in the preceding paragraph shall be given a heavier punishment according to law.
the State Council
Regulations on the implementation of tobacco monopoly law
Article 23 An enterprise that has obtained the license of tobacco monopoly wholesale enterprise shall engage in the wholesale business of tobacco products within the business scope and geographical scope specified in the license.
Enterprises or individuals that have obtained tobacco monopoly retail licenses shall purchase goods from local tobacco monopoly wholesale enterprises and accept the supervision and management of the tobacco monopoly license issuing organs.
Criminal law of the people's Republic of China
Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations 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, or shall only, 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;
(four) other illegal business activities that seriously disrupt the market order.
References:
Referee document network
The defendants Xiao and Zhou Dexian were convicted of illegal business operations.
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