The hottest table salt is exclusively sold by the

Salt is sold exclusively by the state and should be severely punished in accordance with the law. Recently, the Linyi intermediate court of Shandong Province publicly sentenced a case of illegal operation of salt. The defendant Liu Bing was sentenced to eight years' imprisonment and a fine of 50000 yuan

the defendant Liu Bing, in violation of national regulations from September 1999 to November 2001, purchased 170.4 tons of private salt from an individual salt factory in Longchi Town, Changyi city at the price of 100 yuan per ton for six times without the permission of the salt industry administrative department, and at the price of 220 yuan per ton, 240 yuan per ton Prices ranging from 260 yuan will also become a major opportunity for China's traditional chemical fiber enterprises to enter the field of high-tech materials at this stage. Except for 107.4 tons seized by the salt law enforcement department, the rest will be sold. Liu Bing's illegal income was 15620 yuan and his illegal profit was 9320 yuan

the court held that Liu Bing violated the salt industry management regulations, knowing that salt products were state exclusive goods and illegally operated many times, disrupting the market order and endangering the health of the people. The circumstances were particularly serious, and his behavior constituted the crime of illegal operation, which should be punished according to law. After the judgment of Feixian people's court in Shandong Province, Liu Bing refused to accept the judgment and appealed. The Linyi intermediate court rejected the appeal according to law and upheld the original judgment

(Sun Yemei)

comments: the crime of illegal business operation refers to the behavior stipulated in the criminal law, which disturbs the market order and has serious circumstances by operating franchised, franchised goods or other goods that are restricted by laws and regulations without permission. There are many kinds of serious acts disturbing the market order, such as false advertising, collusive bidding, contract fraud, illegal business, forced trading, etc., but they are not all crimes of illegal business. Only when the criminal law expressly stipulates the conviction and punishment of the crime of illegal business operation, can it constitute the crime of illegal business operation. For example, the decision of the Standing Committee of the National People's Congress on punishing the crimes of fraudulent purchase of foreign exchange, evasion of foreign exchange, and illegal trade in foreign exchange stipulates that "the illegal trade in foreign exchange outside the trading places prescribed by the state disturbs the market order, and the circumstances are serious", Item (4) of Article 225 of the criminal law and Article 11 of the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of criminal cases involving illegal publications "violate state regulations by publishing, printing, reproducing and distributing illegal publications that seriously endanger social order and disrupt market order, and the circumstances are serious". Acts that are not expressly stipulated in the criminal law cannot be convicted and punished as the crime of illegal business operation

unlicensed operation of franchised and franchised goods stipulated by laws and regulations is a typical way of illegal business crime. In order to maintain the normal operation of the national economy or zero creep speed and the health and safety of the people, the state stipulates that some special kinds of goods, such as tobacco, non combustible testing machine for building materials, salt, foreign exchange and other regulations, are franchised. Only after approval and obtaining the business license can they engage in business activities such as acquisition, storage, transportation, processing, wholesale, sales, etc. Any unauthorized operation without approval is an illegal operation that disturbs the market order and must bear the corresponding legal consequences. If the circumstances are serious, the offenders shall also be convicted and punished for the crime of illegal business operation and investigated for criminal responsibility

salt is a necessity of people's life. The effective supply and quality of salt are directly related to the health and safety of the people. To this end, the State Council promulgated the "salt monopoly measures", which stipulates that the State implements the monopoly management of salt, implements the wholesale license system for salt wholesale, and implements the salt transportation permit system for salt transportation

in this case, Mr. Liu acted boldly, flouted the law, violated the provisions of the state on salt monopoly, and illegally engaged in salt business without a license. He has illegally purchased 170.4 tons of private salt for six times and illegally sold 63 tons, which is a huge amount of illegal business, seriously endangering the state's management system on salt monopoly and the salt market order, and causing great harm and potential serious threat to the health and safety of the people, Therefore, it fully conforms to the provisions of item (4) of Article 225 of the criminal law. The conviction and punishment of his crime of illegal business operation are qualitative and accurate, and the sentencing is appropriate