Research On Criminal Law Identification Of Operating Illegal Gas Stations

With the rapid development of my country’s economy,the refined oil market is booming,but due to the lax supervision of the refined oil market and other reasons,there have been many illegal gas stations.Affected by the international situation and the global new crown epidemic,oil prices have risen sharply,and the phenomenon of illegal gas stations has also intensified.These illegal gas stations operate without a license,or sell oil of substandard quality,or store oil in substandard conditions,which not only seriously disrupts the normal economic order of the refined oil market,but also poses a huge threat to surrounding public security.In order to crack down on the phenomenon of illegal gas stations,active actions have been taken from top to bottom across the country.Although certain results have been achieved,there are still a large number of illegal gas stations on the market.The phenomenon of illegal gas stations has been repeatedly banned.The reasons for this are the lack of administrative penalties and the failure of the criminal law to give full play to its effectiveness.When methods such as special crackdowns and administrative penalties are insufficient to solve the problem of illegal gas stations,the effectiveness of criminal law regulation should be strengthened.By summarizing the status quo of criminal law identification of illegal gas station crime cases,this paper concludes that there are a series of problems in conviction,sentencing and execution of illegal gas station operations,reflecting the shortcomings of criminal law in combating illegal gas stations.corresponding countermeasures and suggestions.This paper consists of four parts:PartⅠ: Explanation of the basic problems of illegal gas stations.Determine the relevant concepts and characteristics of illegal gas stations,and briefly summarize the operation mode of illegal gas stations.Explain the social harm of illegal gas stations.The term "illegal gas stations" in this article refers to gas stations and mobile fueling vehicles(ships)that illegally operate gasoline,diesel and other refined oil products.The act of operating an illegal gas station mainly refers to the act of illegally operating(including storing and selling)gasoline and diesel.Illegal gas stations have six characteristics: concealment,liquidity,low prices,high profits,trade chains,and great harm.The social hazards of illegal gas stations include six aspects: disturbing the market economic order,endangering public safety,endangering social security,infringing on consumer rights and interests,polluting the environment and causing the loss of national tax revenue.PartⅡ: Special treatment of illegal gas stations.At present,the means of rectifying illegal gas stations in my country are mainly special governance actions.By analyzing the current situation of special governance of illegal gas stations,it can be seen that there are many deficiencies in the current crackdown on illegal gas stations.Insufficient deterrence and other issues,under the active preventive criminal law governance concept,it is necessary to strengthen the criminal law regulation means to crack down on illegal gas stations.PartⅢ: The current situation and analysis of criminal law identification in illegal gas station crime cases.Through empirical research and cases,the crime identification,co-opetition and sentencing involved in illegal gas station crime cases,as well as the connection between execution and punishment in the operation of rectifying illegal gas stations are divided.In the determination of the crime of illegal business operation,there are vague problems in the determination of "violation of national regulations" and "restrictions on the sale of goods".The main disputes focus on the determination of diesel with a closed cup flash point higher than 60°C.There are dangers in the determination of the crime of dangerous operation.In addition to the problems of unclear regulations on work behavior and unclear reference and standards for the identification of real dangers,there are also problems of co-occurrence between charges,unreasonable sentencing allocation,lack of property for dangerous work crimes,and illegal gas stations.Case execution relationship and contradictions.Part Ⅳ : Suggestions and measures from the aspects of legislation and law enforcement.There are a series of problems in the determination of the criminal law for the operation of illegal gas stations,and it is necessary to amend the criminal law and add a fine for the crime of dangerous operation;for the problems in the sentencing of cases involving illegal gas stations,strengthen statutory and discretionary sentences;Supplementary norms for crimes,improve case transfer procedures,establish a connection platform between the two laws to strengthen the connection between executions,and strengthen criminal law regulations for the operation of illegal gas stations.