It is understandable that Ms. Lu mailed cigarettes for the wedding, not for profit, and should not be punished. However, the relevant laws clearly stipulate that mailing more than two cigarettes is illegal, and the administrative punishment of the Tobacco Bureau is not groundless. The law will not protect and sympathize with people who don't know the law. When the situation conflicts with the law, we can only abide by the law.
What legal provisions did Miss Lu's behavior violate with regard to the legal provisions on mailing cigarettes?
According to the provisions of Article 21 and Article 22 of the Tobacco Monopoly Law of People's Republic of China (PRC), consigning or transporting tobacco monopoly products must hold a quasi-transportation certificate issued by the department of tobacco monopoly administration or an institution authorized by the department of tobacco monopoly administration. Without a navicert, the carrier shall not carry, and the quantity consigned or transported by itself shall not exceed the limit set by the relevant competent department of the State Council.
? From this point of view, "Ms. Lu mailed 48 Chinese cigarettes for her sister's marriage, which violated Article 22 of the People's Republic of China (PRC) Tobacco Monopoly Law that' the tobacco leaves and tobacco products carried in different places shall not exceed the limit set by the relevant competent authorities in the State Council' and the Notice of the State Tobacco Monopoly Bureau and the Ministry of Posts and Telecommunications on resuming the mailing business of tobacco and tobacco products' about' mailing two cigarettes and cigars (4000).
Then, Miss Lu was fined by the Tobacco Bureau 10080 yuan. What is the basis of punishment?
According to the first paragraph of Article 52 of the Tobacco Law, "whoever consigns or transports tobacco monopoly products without a transportation permit or in excess of the quantity specified in the transportation permit shall be fined for illegally transporting tobacco monopoly products with a value of more than 20% and less than 50%", and the fine shall be 10080 yuan. The original price of Ms. Lu's 48 Chinese cigarettes (700 yuan/box) is 33,600 yuan, and the final penalty is 30%, which is exactly 10080 yuan. "
It stands to reason that the courier company should be clear. Is the courier company responsible?
? The Tobacco Law and other related laws have already been published. As a professional transportation enterprise, the courier company involved should understand and abide by the relevant regulations on the transportation of tobacco products. It is obviously wrong to agree to Ms. Lu's request to transport cigarettes, which ultimately leads to Ms. Lu's economic losses. The company shall be liable for Ms. Lu's economic losses. The seizure of cigarettes by tobacco companies is not a legitimate reason for the exemption of the courier companies involved.
For the carrier, the third paragraph of Article 52 of the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC) stipulates that if the carrier knowingly transports tobacco monopoly products for units or individuals without a transportation permit, the illegal income shall be confiscated and a fine of more than 10% and less than 20% of the illegally transported tobacco monopoly products may be imposed. Therefore, postal companies that violate the law will also be subject to corresponding administrative penalties. In addition, the postal company failed to deliver Miss Lu's articles to the destination as promised, and may be liable for breach of contract.
Miss Lu felt aggrieved and filed an administrative lawsuit with the People's Court of nanchang district, Wuxi, claiming that the administrative penalty should be revoked. After the trial, the court held that the administrative punishment made by Wuxi Tobacco Bureau was legal and compliant, and rejected Ms. Lu's claim.
Teacher Lu reminded us that not everything can be mailed. Knowing the law can not only protect your legitimate rights and interests from the consequences of illegal infringement, but also prevent yourself from accidentally breaking the law and causing unnecessary losses.