Research On Cognizance Of The Crime Of Illegal Tobacco

As one of the important sources of national tax revenue,tobacco related products have always existed as national monopoly products.Because of the "low threshold" of tobacco products,"high profit" led to frequent criminal cases related to tobacco.In particular,the number and amount of tobacco-related crimes have been increasing in recent years.China's Criminal Law stipulates a number of crimes related to tobacco,including the offence of illegal business operation of common goods,smuggling of goods,production and sale of counterfeit and inferior products,and consumption of counterfeit registered trademarks,which play an important role in cracking down on tobacco crimes and maintaining the order of the tobacco market.However,there are still many loopholes in the actual cognizance of tobacco-related crimes,such as the lack of normative cognizance standards for accomplished and attempted crimes,which not only hinder the effective crackdown on crime,but also affect the healthy orderly development of the tobacco market.By analyzing the relevant laws and regulations of the crime of illegal business operation involving cigarettes,this paper expounds the constitutive requirements of the crime from three aspects: illegal act,serious plot or harmful consequences,and then discusses the problems existing in the determination of the crime of illegal business operation involving cigarettes from two aspects of laws and regulations and judicial practice.First of all,the relevant laws and regulations mainly exist in several aspects of defects: unclear legislation and lower level,there is a conflict of laws and regulations,"serious circumstances" standard is not clear,calculation standards are not clear.Secondly,in judicial practice,around the crime of illegal business operation involving tobacco,there are many problems,such as the inconsistency of the identification rules of licensed but beyond the scope of permit,the unclear provisions of the identification of transportation without permit,the unclear standards of the identification of illegal business operations of counterfeit cigarettes,and the unclear basis of the identification of the use of other people's retail license.Based on this,we should make the following legislative measures to improve the identification of the crime of illegal business operations involving tobacco: First,we should formulate specific standards for identification and define the scope.That is,by improving the existing laws and regulations,make the scope of the crime of illegal business operations involving tobacco more clear,more clear and reasonable provisions.Two,the core of the judicial practice is to distinguish between sin and non crime,this crime and that crime.In this regard,we can introduce a "attempted" form of the crime of illegal business operations involving tobacco,which makes the "design" to determine the crime more in line with the principle of "modesty" of the criminal law.The three is to clarify the number of crimes and adopt the punishment method of choosing a felony.