Traditional Culture Encyclopedia - Hotel accommodation - Which department should I report selling fake cigarettes to?

Which department should I report selling fake cigarettes to?

In fact, in many corners of the city, tobacco hotels basically sell fake cigarettes, especially in places where there are many people in tourist cities, so once everyone buys fake cigarettes, there is no need to panic. If the merchant does not admit it, we can call the police directly. Then which department did you report the seller of fake cigarettes to? Let's take a look together. 1. Which department should I report selling fake cigarettes to?

You can call 123 15 to report to the industrial and commercial bureau. Anyone who illegally deals in tobacco monopoly products, including selling fake cigarettes, selling smuggled cigarettes, transporting without a license, operating without a license, and producing without a license, must bear administrative responsibility and even criminal responsibility. In addition to the confiscation of illegal income, a fine will be imposed, and criminal responsibility will be investigated if the circumstances are serious.

If the merchant cheats the consumer, the consumer can demand triple compensation. China's Law on the Protection of Consumers' Rights and Interests stipulates that if an operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.

Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice.

legal ground

Article 55 of the Consumer Protection Law

Second, how to convict the sale of fake cigarettes?

Selling fake cigarettes with an amount of more than 50,000 yuan constitutes the crime of producing and selling fake and inferior products and the crime of illegal business operation.

Reference point of statutory benchmark punishment for fixed-term imprisonment of not more than five years and criminal detention: If tobacco products are produced and wholesale without the permission of the department of tobacco monopoly administration, and the circumstances are serious, the statutory benchmark punishment is fixed-term imprisonment of not more than one year:

1, the amount of personal illegal business operation reaches 50,000 yuan, or the amount of illegal income reaches 1 10,000 yuan;

2. The illegal business operation amount of the unit reaches 500,000 yuan, or the illegal income amount reaches 654.38+10,000 yuan;

3. Being subject to more than two administrative punishments for illegally operating tobacco products, amounting to 20,000 yuan.

Reference point of statutory benchmark punishment for fixed-term imprisonment of more than five years;

If the circumstances of illegally dealing in tobacco products are particularly serious, the statutory benchmark punishment shall be fixed-term imprisonment of not more than five years.

Third, the sentencing standards for selling fake cigarettes

Article 140 of the Criminal Law stipulates: "Producers and sellers of the crime of producing and selling fake and inferior products adulterate their products, pass fake products off as genuine products, and pass unqualified products off as qualified products. If the sales amount is more than 50,000 yuan but less than 200,000 yuan, they shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to 15 years of fixed-term imprisonment or life imprisonment, and shall also be fined more than 50% and less than 2 times the sales amount, or his property shall be confiscated. "

The above is the detailed information to which department to report the sale of fake cigarettes. To sum up, I remind you that you can call 123 15 to report to the industrial and commercial department or to the local industrial and commercial department. According to national laws, the industrial and commercial departments will punish the sale of counterfeit cigarettes. After receiving the report, the tobacco department will investigate according to the report.