New Year's Day is just over the New Year, and many people want to buy some fireworks and firecrackers to add to the flavor of the New Year
Important Reminder!Selling fireworks and firecrackers in the circle of friends, regardless of whether there is a sales license or not, is suspected of violating the law, once there is a problem with the fireworks and firecrackers sold, the seller and the first person must bear the relevant legal responsibility.
Q
Can fireworks be bought and sold online?
If a merchant publishes sales information in the circle of friends, it is an indicative or suggestive information, that is, telling everyone to go to a designated place to buy fireworks, it is not illegal. If in the information posted on Moments, the transaction location is not the designated sales location, including home delivery, regardless of whether there is a sales license or not, it is suspected of violating the law. If the circle of friends sells fireworks and firecrackers without permission, and the amount of illegal business exceeds 50,000 yuan, or the illegal income exceeds 10,000 yuan, it has already met the standard for the crime of illegal business.
Q
What kind of license do I need to sell fireworks?
According to the relevant provisions of the "Regulations on the Safety Management of Fireworks and Firecrackers", the sale of fireworks and firecrackers must be handledFireworks and firecrackers business (retail) license, and the corresponding license can be obtained before it can be sold. At the same time, the operation of fireworks and firecrackers is divided into wholesale and retail, and the business distribution of enterprises and retail operators engaged in the first class should also beIt is approved by the safety production supervision and management department
Q
Legal responsibility for selling fireworks and firecrackers in the circle of friends
According to Article 225 of the Criminal Law, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention shall be given, and/or a fine of not less than one time but not more than five times the amount of illegal gains;where the circumstances are especially serious, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property. ”
Article 36 of the Regulations on the Safety Management of Fireworks and Firecrackers stipulates that for the production and operation of fireworks and firecrackers products without permission, or the sale of black powder, pyrotechnic powder and ignition wire to units or individuals who have not obtained the fireworks and firecrackers safety production license, the production safety supervision and management department shall order the illegal production and business activities to be stopped, impose a fine of not less than 20,000 yuan but not more than 100,000 yuan, and confiscate the illegal production and operation of goods and illegal gains. For the unauthorized transport of fireworks and firecrackers by road, the public security department shall order the illegal transportation activities to be stopped, impose a fine of not less than 10,000 yuan but not more than 50,000 yuan, and confiscate the illegally transported goods and illegal gains. Illegal production, operation and transportation of fireworks and firecrackers, constituting a violation of public security administration, shall be punished according to law;where a crime is constituted, criminal responsibility is pursued in accordance with law. Special attention should be paid to: ** is also responsible. Many people will help their friends ** this kind of advertising, once the fireworks sold have problems, the seller, ** have to bear the relevant legal responsibility. Fireworks and firecrackers are licensed commodities, production and sales must have the corresponding qualifications, without obtaining fireworks and firecrackers production or business license in the case of production and business activities, safety hazards are prominent, and the circumstances are serious, which may constitute a crime.
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Criminal Law
Article 134-1Whoever violates the provisions on safety management in production or operation, and has any of the following circumstances, and there is a real danger of a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than one year, short-term detention or controlled release:
1) Closing down or destroying monitoring, alarming, protection, or life-saving equipment or facilities directly related to production safety, or tampering, concealing, or destroying data or information related thereto;
2) Refusing to implement a lawfully ordered to suspend production and business, stop construction, stop using relevant equipment, facilities, or venues, or immediately take corrective measures to eliminate the danger due to the existence of a potential risk of a major accident;
3) Engaging in highly dangerous production activities such as mining, metal smelting, construction, and the production, operation, and storage of dangerous goods without approval or permission in accordance with law for matters involving production safety.
Article 225Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between 1 and 5 times the amount of unlawful gains;where the circumstances are especially serious, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property.
1) Engaging in franchises, monopoly items, or other restricted items as provided for by laws and administrative regulations without permission;
2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated by laws and administrative regulations;
3) Illegally operating ** or insurance business without the approval of the relevant competent state authorities, or illegally engaging in fund payment and settlement business;
4) Other illegal business activities that seriously disrupt market order.
Work Safety Law
Article 100Production, operation, transportation, storage, use of dangerous goods or disposal of abandoned dangerous goods without approval in accordance with the law shall be punished in accordance with the provisions of the laws and administrative regulations on the safety management of dangerous goods;where a crime is constituted, criminal responsibility is pursued in accordance with the relevant provisions of the Criminal Law.
Regulations on the Safety Management of Fireworks and Firecrackers
Article 36For the unauthorized production and operation of fireworks and firecracker products, or the sale of black powder, pyrotechnic powder, and ignition wire to units or individuals that have not obtained a fireworks and firecrackers safety production license, the production safety supervision and management department shall order them to stop illegal production and business activities, impose a fine of not less than 20,000 yuan but not more than 100,000 yuan, and confiscate the illegally produced and operated items and illegal gains.
For the unauthorized transport of fireworks and firecrackers by road, the public security department shall order the illegal transportation activities to be stopped, impose a fine of not less than 10,000 yuan but not more than 50,000 yuan, and confiscate the illegally transported goods and illegal gains.
Illegal production, operation and transportation of fireworks and firecrackers, constituting a violation of public security administration, shall be punished according to law;where a crime is constituted, criminal responsibility is pursued in accordance with law.
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*: People's Daily Online, China's popular law, etc.
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