Several Problems In The Determination Of Illegal Operation Of Tobacco

With the continuous improvement and development of our country’s socialist market economy,the market plays an important role in the allocation of resources,but also brings a rapid increase in the market abnormal behavior.In order to regulate the behavior of market economy and maintain order of market economy,the crime of illegal business is born in order to regulate the situation of this situation.In recent years,the scope of application of the crime of illegal business operation has been magnified,and the introduction of several judicial interpretations has widened the type of action for punishing the crime.However,the connotation and judicial determination of the crime did not become clear,on the contrary added a big problem.The judicial interpretation and the related regulations are continuously introduced with the changes of the economy,which involve all aspects of economy and society,and in the view of the illegal operation crime in the field of tobacco,the particularity of the industry makes the crime be disputed.As we all know,the tobacco industry in China is implemented the national monopoly control policy,the management of tobacco products is different from the management of general commodities,the entire industrial chain is regulated by tobacco monopoly laws and regulations.Tobacco as a special industry,it is responsible for stabilizing the national financial and social needs of the industry,but also has the characteristics of consumer protection,tobacco control sales,this unique monopoly attraction,It is the main reason for criminals to follow,and eventually lead to frequent cases of illegal operation in the field of tobacco.In this regard,a variety of crimes in the field of tobacco have been stipulated in different sections of the criminal law,in which the crime of illegal management has been widely used in the regulation of illegal acts in the field of tobacco,and it bears the sole guarantee of maintaining the tobacco management system.It plays an important role in protecting tobacco order management.However,there are many problems in the judicial practice of tobacco crime,such as the conflict of legal standards.It is not clear whether the use of other people’s operating license and the transportation of non-tobacco quasi-transport license belong to the scope of unlicensed operation stipulated in Article 225 of the Criminal Law.There are a lot of disputes in the theoretical circle,and to a certain extent,the dispute hinders the timely attack on the crime in the conviction of the crime,and then seriously affects the stable order of the tobacco industry operation.This paper takes the typical cases in the practice of tobacco law enforcement in our country as the analysis object,explains some disputes in the identification of the crime of illegal operation in the field of tobacco in our country,and explains by the way of case analysis and theory pushing down.It provides useful reference and reference for the judicial organs to effectively grasp the conviction of the illegal operation crime in the field of tobacco and to correctly understand the illegal operation crime in the practice of law.This article is divided into six parts to study the problem of illegal operation in tobacco field.The first three parts summarize and analyze the connotation of illegal operation crime in the first three parts,and then summarize and analyze the connotation of illegal operation crime in tobacco field.Each keyword starts from the whole interpretation of illegal operation crime,then expands the above-related concept to tobacco field.In the interpretation,first of all,the concept of the three is described from the provisions of the law,and the concept of the three is clarified.Then,starting with the laws and regulations in the field of tobacco,the author summarizes and analyzes the "national regulations" in the crime of illegal management of tobacco.The connotation of "market order" and "serious circumstances",enumerates the different disputes of various scholars in their viewpoints,and reflects the phenomenon of disunity in the determination of this kind of cases in judicial practice.Comprehensive analysis of the tobacco industry legal provisions and theoretical point of view,and finally arrived at a full and comprehensive understanding of these three concepts.The fourth and fifth parts,first of all,to "use other people’s business license to manage tobacco","transport tobacco without permit" in the theory of one by one,and combined with the first to third parts of the theoretical point of view,to make an assessment of the various views one by one.Finally,returning to the case itself,starting with the identification of the act and whether it should be punished by the criminal law,the author synthetically analyzes the understanding of the article of law and the connotation of the crime of illegal operation,and focuses on the understanding of the encroachment of legal interests.Finally,the result of the case is reasonable.The sixth part is the conclusion,focusing on the problems reflected in the case itself,showing that the bottom clause of the crime of illegal operation really reflects the difficulties in the identification of business behavior in judicial practice.This paper discusses the perfection of the crime of illegal operation from different angles.That is,in the criminal law interpretation,legality,the principle of modesty of criminal law,the discretion of the judiciary to give some suggestions to improve the applicable standards for the determination of the case.