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近年来,无烟草专卖批发企业许可证批发烟草制品的现象日益突出。为规范卷烟经营秩序,严厉打击无证批发烟草制品的违法行为,如何正确适用法律法规办理此类案件成为关键。笔者在多年执法实践中,发现有部分专卖员对处理无证批发烟草制品案件存在一个误区,就是片面的认为一次销售卷烟、雪茄烟50条以上,是构成此类违法行为的唯一条件。其实不然,“一次销售卷烟、雪茄烟50条以上”只是其中的一种特殊情形,笔者现从内涵、构成要件、证据固定与收集、处罚适用法律等方面对无证批发烟草制品行为进行阐述,以此抛砖引玉。
In recent years, the phenomenon of tobacco products wholesale without tobacco monopoly licenses has become increasingly prominent. In order to regulate the operating order of cigarettes and severely crack down on illegal acts of wholesale tobacco products without a license, it is crucial to handle such cases properly in accordance with laws and regulations. In my many years of law enforcement practice, I found that some of the specialists have a misunderstanding of handling cases of undocumented wholesale tobacco products, that is, one-sided thinking that selling more than 50 cigarettes and cigars at a time is the only condition that constitutes such illegal activities. In actual fact, “a sale of cigarettes, cigars more than 50 ” is just one of the special circumstances, the author is from the connotation, elements of the constitution, the evidence is fixed and collected, the applicable laws and penalties for undocumented wholesale tobacco products conduct Elaborate, in order to initiate.