Is it illegal for regular shops to recycle cigarettes? Which law was violated? How to judge? Thank you?

Those who violate the law can be convicted of recycling cigarettes to a certain amount.

1. According to Article 16 of the Tobacco Monopoly Law of People's Republic of China (PRC), it is illegal for individual traders to buy cigarettes privately, and they need to apply for a tobacco retail license, so they can only purchase from the State Tobacco Monopoly Company.

According to Article 16 of the Tobacco Monopoly Law and Article 13 of the Regulations for the Implementation of the Tobacco Monopoly Law, cigarette operators holding cigarette monopoly retail licenses can only buy cigarettes through local tobacco monopoly departments, and may not buy cigarettes from other enterprises or individuals, otherwise they will buy cigarettes indiscriminately, which is illegal business.

Second, the punishment standard

Article 28 of People's Republic of China (PRC) Tobacco Monopoly Law

Whoever, in violation of the provisions of this Law, purchases tobacco leaves without authorization shall be fined by the department of tobacco monopoly administration, and the illegally purchased tobacco leaves shall be purchased according to 70% of the average purchase price of tobacco leaves in the previous year announced by the department of tobacco monopoly administration at the provincial level in the confiscation place; If the quantity is huge, the illegally purchased tobacco leaves and illegal income shall be confiscated.

Businessmen or individuals who illegally deal in tobacco monopoly products, if the illegal business amount is more than 50 thousand yuan, can be regarded as serious. If the amount of illegal business is more than 250,000 yuan, or the amount of illegal income is more than 654.38+10,000 yuan, it can be considered as particularly serious.

Extended data:

tobacco monopoly law of the people's republic of china

Chapter VII

Legal liability

Article 29 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 by the department of tobacco monopoly administration, and may purchase illegally transported tobacco leaves according to 70% of the average purchase price of tobacco leaves in the previous year announced by the department of tobacco monopoly administration at the provincial level in the place where the seizure is made.

Purchase tobacco monopoly products other than illegally transported tobacco leaves at 70% of the wholesale market price; If the circumstances are serious, the illegally transported tobacco monopoly products and illegal income shall be confiscated.

If the carrier knows that it is a tobacco monopoly product and transports it for a unit or individual without a transportation permit, the department of tobacco monopoly administration shall confiscate the illegal income and impose a fine.

Those who carry tobacco leaves and tobacco products in different places beyond the national limit shall be dealt with in accordance with the provisions of the first paragraph.

Article 31 Anyone who engages in the wholesale business of tobacco products without obtaining the license of tobacco monopoly wholesale enterprise shall be ordered by the department of tobacco monopoly administration to close or stop the wholesale business of tobacco products, and his illegal income shall be confiscated and he shall also be fined.

Article 32 Whoever engages in the retail business of tobacco products without a tobacco monopoly retail license shall be ordered by the administrative department for industry and commerce to stop the retail business of tobacco products, confiscate the illegal income and impose a fine.

Article 33 Whoever produces or sells cigarettes, cigars or packaged cut tobacco without registered trademarks shall be ordered by the administrative department for industry and commerce to stop production and sales and be fined.

Whoever produces or sells tobacco products with counterfeit registered trademarks of others shall be ordered by the administrative department for industry and commerce to stop the infringement, compensate the infringed for the losses and may also be fined; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 34 Whoever, in violation of the provisions of Article 20 of this Law, illegally prints trademarks of tobacco products shall be destroyed by the administrative department for industry and commerce, and his illegal income shall be confiscated and he shall be fined.

Article 35 Whoever resells tobacco monopoly commodities, which constitutes a crime, shall be investigated for criminal responsibility according to law; If the circumstances are minor and do not constitute a crime, the administrative department for industry and commerce shall confiscate the tobacco monopoly products and illegal income, and may also impose a fine.

Any staff member of the department of tobacco monopoly administration or tobacco company who takes advantage of his position to commit the crime mentioned in the preceding paragraph shall be given a heavier punishment according to law.

Article 36 Whoever forges, alters or buys or sells licenses for tobacco monopoly production enterprises, tobacco monopoly business licenses and transportation permits as stipulated in this Law shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.

Any staff member of the department of tobacco monopoly administration or tobacco company who takes advantage of his position to commit the crime mentioned in the preceding paragraph shall be given a heavier punishment according to law.

Article 37 Whoever smuggles tobacco monopoly products constitutes a crime of smuggling shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; Smuggling tobacco monopoly products, the amount is not large, does not constitute a crime of smuggling, the smuggled goods, articles and illegal income shall be confiscated by the customs, and a fine may be imposed.

Any staff member of the department of tobacco monopoly administration or tobacco company who takes advantage of his position to commit the crime mentioned in the preceding paragraph shall be given a heavier punishment according to law.

Article 38 The department of tobacco monopoly administration has the right to inspect the implementation of this Law. Whoever obstructs tobacco monopoly inspectors from performing their duties according to law by violence or threat shall be investigated for criminal responsibility according to law; Those who refuse or obstruct tobacco monopoly inspectors from performing their duties according to law without using violence or threats shall be punished by the public security organs in accordance with the provisions of the Law on Public Security Administration Punishment.

Baidu Encyclopedia-People's Republic of China (PRC) Tobacco Monopoly Law