Analysis Of Tobacco-related Type Of Illegal Business Case Difficult Problems Identified

As China’s market economy, active, maintain the market economic order as a count ofillegal business more and more able to apply. Accurate for the crime of illegal business to playits rightful making use of social regulation, and promote the development of market economy,and its premise is correct understanding of the crime of illegal business. In this paper, Lin wasarrested for operating the tobacco case, based on the crime of illegal business involvingsmoke some difficult issues in-depth analysis through by Case in the form of illegal businesscrimes, the limit for how unreasonable expansion of this crime trends presented ownunderstanding.This paper is divided into four parts, about20,000words.The first part, the basic facts. This paper selects Lin was arrested for operating thetobacco monopoly commodities cases, according to the chronological order, detailing thespecific facts of the case.The second part, in this case there is a major controversy. This section lists the dispute inthis case three focus: first, Lin tobacco use Zhongmou run tobacco monopoly retail license,constitutes the crime of illegal business; Second, Lin selling counterfeit cigarettes behavior,how to qualitatively; Third, Lin violation channels of purchase behavior, how to deal with.The third part, on the issues in dispute Comment. This part is the focus, the focus ofcontroversy for the present case, in-depth analysis, argumentation. First, the author analyzesthe crime of illegal business focus of the objective aspects-"violation of state regulations," aswell as the specific illegal acts "serious." Secondly, on the basis of the previous text,combined with the case of the specific facts of the case mentioned in the second part of thethree focus of controversy for analysis, demonstration, and the following conclusions:(a) Linwith the tobacco monopoly retail Zhongmou permit to operate tobacco conduct did notconstitute the crime of illegal business is administrative violations;(two) Lin sale ofcounterfeit cigarettes conduct did not constitute the crime of illegal business should be treatedin accordance with the relevant administrative regulations;(three) Lin received outside thespecified channel behavior should follow the "Supreme People’s Court on the defendant LiMinghua consult an illegal business case approval" requirement to deal with.The fourth part, the case of Revelation-the crime of illegal business expansionunreasonable restrictions. To prevent the development of this crime "pocket crimes", the author from the guiding ideology, judicial interpretation level, the judicial level, againstunreasonable to limit the expansion of the crime put forward their own understanding.