Traditional Culture Encyclopedia - Hotel reservation - A Jiangsu man transported 445 cartons of cigarettes by himself and all were confiscated. He angrily sued the Tobacco Bureau. What was the final verdict of the court?
A Jiangsu man transported 445 cartons of cigarettes by himself and all were confiscated. He angrily sued the Tobacco Bureau. What was the final verdict of the court?
This incident is about a Jiangsu man whose family owns a tobacco shop. He uses his own vehicle to transport hundreds of cartons of cigarettes. As a result, his behavior was undoubtedly discovered by the traffic police and the Tobacco Bureau was notified. The Tobacco Bureau confiscated the batch of cigarettes in accordance with relevant regulations. The man was so angry that he sued the Tobacco Bureau in court. Regarding the man's obvious illegal behavior, the court naturally ruled that the man lost the case. Even if there is a cause, there is indeed an illegal act
In fact, when he sued the Tobacco Bureau in court, he told the people who participated in the trial that there was a special situation, that is, his family put these cigarettes in the In his car, he drove the vehicle without knowing it. If it is indeed what he said and he was discovered by Tobacco Bureau law enforcement officers and all the cigarettes were confiscated, then this situation is indeed quite unfair.
However, his statement is difficult to demonstrate through reasoning, because if his family wants to store cigarettes in the car, it obviously does not comply with common storage common sense. Cigarettes are easy to get damp, and they should not be placed in high-temperature places. After being exposed to the sun, it is easy for high temperatures to form in the car. In this long-term high-temperature storage environment, cigarettes will lose their original quality and taste bad. Different feeling.
There are also more than 400 cartons of cigarettes, and the storage volume is quite huge. Whether it is a car or a van, the loading area formed by more than 400 cartons of cigarettes can be seen at a glance. It was obviously illogical for him to drive out without checking the situation while getting in the car. Moreover, putting all the cigarettes in the car is objectively suspected of transporting a large number of cigarettes, so his statement does not have the logic of reasoning. It is basic common sense that cigarettes are exclusively sold and delivered exclusively.
In fact, the cigarette monopoly system has been around for a long time. Before liberation, in 1927, the government at that time formulated the "Interim Regulations on the Public Sale of Tobacco". my country’s first tobacco monopoly regulations have a relatively clear context for tobacco monopoly. After the founding of the People's Republic of China, our country formulated and promulgated the "Tobacco Monopoly Regulations" in 1983, establishing a tobacco monopoly system belonging to New China, which is produced by the state and sold by state-designated retailers. This effectively avoids chaos in the tobacco market. The state unifies pricing and designs necessary warnings, ensuring the stability of tobacco market prices and objectively reducing the possibility of tobacco addiction.
Moreover, tobacco companies often implement a special tobacco delivery system, which means that the cigarettes you buy must be delivered by specialized personnel and vehicles from the Tobacco Bureau to stores and supermarkets qualified to sell cigarettes. Moreover, this matter has a dedicated person responsible for it, and there are strict handover procedures to improve this system. As for this man from Jiangsu, his family originally owned a tobacco shop and sold cigarettes more than once. How could he not know about this process and related systems? If it is indeed his family that caused the problem, then he is indeed unjust. If he had a sense of luck and wanted to risk transporting a large number of cigarettes, which led to such a result, then the current result is not worthy of sympathy at all. The Tobacco Bureau's approach was very reasonable, and there was nothing wrong with the court's decision
In fact, judging from this matter, there was nothing illegal in the actions of the Traffic Police Tobacco Bureau and the court. The traffic police intercepted and inspected vehicles in accordance with the Traffic and Road Safety Law. This approach is beyond reproach. When we discovered a large number of cigarettes in the car, we promptly notified the Tobacco Bureau to handle the matter. We did not exceed our authority and it was normal for us to notify our brother units to handle the matter. In addition, there is an objective fact that this Jiangsu man transported a large amount of cigarettes. Tobacco Bureau staff confiscated all the cigarettes worth 210,000 yuan in accordance with relevant regulations, and there was no problem.
This Jiangsu man’s action of suing the Tobacco Bureau is to assert his legal rights. However, the Tobacco Bureau did not knowingly violate the law in the process of enforcing the law. Its specific approach is to implement fines and confiscations based on the "Tobacco Monopoly Regulations" The operator did not have any verbal or physical conflict with the man during the execution, so the court naturally ruled that the Tobacco Bureau won the case and the man who ran a tobacco shop in Jiangsu lost the case.
So for this kind of thing, we can see that no matter what you do, as long as there is illegal behavior and is discovered by law enforcement officials, it is normal to be punished by the relevant departments. Of course, if you feel When law enforcement departments engage in illegal or excessive law enforcement, they can also file a lawsuit with the People's Court to assert their legitimate rights and interests.
But everyone also needs to have a certain understanding of the tobacco monopoly system. You cannot mail more than two cigarettes to relatives far away at a time. When mailing tobacco leaves and tobacco shreds, the maximum is five kilograms at a time. Trying to transport cigarettes long distances yourself is unreasonable. An illegal act. And if you have a choice, try not to give cigarettes as gifts to others, because after all, tobacco is a special item that is harmful to the human body, and long-term use may lead to addiction. For the health of yourself and others, it is better to choose gifts with positive health meanings!
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