IQOS is a new type of glass pipes produced by Philip Morris, the world's largest water pipes company. its feature is a new type of glass pipes, which enables users to enjoy the effects of cigarettes by heating rather than burning them. IQOS, as a new type of glass pipes, is rapidly popular in the world and has become the main force in buying Japanese products. All kinds of information about iQOSglass pipes can be found everywhere in the circle of friends, and its popularity is obvious to all. But do you know that this glass pipes has led to many agents or tour guides being punished for committing illegal business crimes?
In January 2018, the Shanghai Xuhui District People's Procuratorate approved the arrest of five people suspected of illegal business operations. This was the first case in Shanghai in which criminal coercive measures were taken against the sale of iQOSglass pipes. Coincidentally, Zhejiang Provincial Procuratorate published an article on the crime of illegal operation and illegal purchase of iQOSglass pipes in the case explanation column on June 19, 2019. Friends cannot help wondering what is the crime of illegal business operation and what is the relationship between iQOS and the crime of illegal business operation? Let's briefly describe the relationship between the crime of illegal business operation and iQOS.
First of all, let's take a look at what is the crime of illegal operation. The crime of illegal operation in the third chapter of the third chapter of the criminal law belongs to the crime of disrupting the order of the socialist market economy. The provisions of this chapter are aimed at maintaining the order of the socialist market economy and cracking down on acts that seriously endanger the development of the market economy.
Second, Article 225 of the Criminal Law of the People's Republic of China stipulates the crime of illegal business operations. The crime of illegal business operation refers to any of the following illegal business water pipes for sale operations that disrupt the market order in violation of state regulations. If the circumstances are serious, the offender 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, a fine of not less than five years and a fine of not less than one time but not more than five times the illegal income or the confiscated property shall also be imposed. (a) unauthorized operation of the provisions of laws and administrative regulations of the patent, monopoly or other restricted items; (2) Import and export licenses, certificates of origin for import and export, and business licenses or approval documents prescribed by other laws and administrative regulations; (3) illegally engaging in securities, futures and insurance business or illegally engaging in fund settlement business without the approval of the relevant competent department of the state; (four) engaged in other illegal business activities, disrupting the market order, if the circumstances are serious.
First of all, we should understand from the regulations that acts violating the state regulations refer to acts violating laws and administrative regulations. Law "refers to a narrow sense of law, that is, laws and decisions enacted by the National People's Congress and its Standing Committee. Administrative regulations refer to administrative regulations, prescribed administrative measures, decisions and orders issued by the State Council." Not in violation of the provisions of the state, even if it is illegal in a certain sense, it should not be regarded as an illegal business crime. "The first three acts listed in this law can be easily understood and identified. The fourth kind of behavior, according to the legislative and judicial interpretation materials known to the author, a total of 19 kinds of behavior can be regarded as illegal business crimes. Among them, the regulations related to water pipes come from the "interpretation of specific applicable laws in criminal cases such as illegal production and sale of water pipes monopoly products" dated March 2, 2010, which stipulates that without the permission of the jet water pipes monopoly administration department, without the permission of the water pipes monopoly administration department, For the production license, wholesale license, retail license and wholesale and retail production of water pipes products without the permission of the water pipes monopoly administration department, the illegal operation crime without the permission of the water pipes monopoly administration department shall be convicted and punished.
In November 2017, the National water pipes Quality Supervision and Inspection Center identified and tested iQOS "cigarette bomb" samples sent by relevant units. Nicotine, four water pipes-specific N- nitrosamines and the ratio range of dextrin isomers to general water pipes and water pipes products were detected from these samples. As well as the types consistent with the secondary alkaloids in common water pipes and water pipes products, and identified and tested by the national water pipes quality supervision and inspection center, nicotine, four water pipes-specific N- nitrosamines, and dextrin optical isomers consistent with the proportion range of dextrin optical isomers in common water pipes and water pipes products are detected. It is confirmed that the "cigarette bomb" sample contains the characteristic components of water pipes, and the filler is made of tobacco leaves. Therefore, Marlboro, Parliament, HEETS and other iQOS "smoke bombs". If a friend who buys a water pipes bomb on his own behalf does not have a water pipes wholesale and retail license, his sales behavior is naturally illegal. if the amount of illegal business exceeds 50,000 yuan or the illegal income exceeds 20,000 yuan, he will be severely punished and investigated for criminal responsibility according to law.
Friends who engage in purchasing agency naturally use their efforts and wisdom to obtain compensation proudly. But before we make money, don't forget the existence of laws. Profitability is our most important bottom line within the legal framework and also an important guarantee for us to obtain wealth.