| In recent years,as the "Internet + logistics" sales method has become more common,criminal acts related to the production and sale of cigarettes have also increased.Although the Supreme People’s Court has issued some judicial interpretations to regulate tobacco-related crimes,According to the case of the Judgment Documents Network,it is known that the penalties of similar jurisdictions in different jurisdictions for similar cases are still quite different.For example: Does the super-regional and super-field operations belong to unlicensed operations and constitute a crime? Since the promulgation of the reply of the Supreme People’s Court on the case of the defendant Li Minghua’s request for instructions on illegal operation,in judicial practice,for similar situations,some applications have been acquitted,while others have considered the approval to be inconsistent with administrative regulations and previous judicial interpretations.On this basis,Can the act of helping others to transport tobacco without a license be independently assessed as a criminal act? In judicial practice,regardless of whether the upstream crimes have been identified,the majority of them are directly identified as illegal business crimes,which does not rule out reasonable doubt.In addition,there are also differences in the determination of the form of the crime when it is "seized" in the course of operating cigarettes.In joint crime,whether the criminal form is determined by any act or the criminal form is determined by the act of execution,the current penalties are also inconsistent.According to the theory of joint crime,it is known that the form of joint crime should be based on whether the act has ended or violated.Judgment by legal benefits should not be judged by the state of help or other acts.Judgment in the judicial practice regarding the above issues has affected the outcome of the judgment.For the problems in the application of justice,a unified ruling scale is the first priority that needs to be resolved.The problem should be solved by strengthening the statistics and analysis of class cases,improving the procedure of case trials,increasing the disclosure of adjudication documents,convening professional judges’ meetings,and introducing typical or guiding cases.In addition,given that business behavior is a general category,Its core behavior is clearly defined as a crime,and other auxiliary behaviors replace administrative punishment with administrative punishment.The administrative punishment has a short cycle and high flexibility,which is more conducive to the protection of legal benefits. |
