Article 1 These Provisions are formulated in accordance with the Administrative Punishment Law of the People's Republic of China, the Tobacco Monopoly Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC), in order to ensure and supervise the tobacco monopoly administrative authorities to strictly administer according to law and safeguard the national tobacco monopoly system.

Article 2 Tobacco monopoly administrative organs at all levels shall impose administrative penalties in accordance with the Administrative Punishment Law of the People's Republic of China and these Provisions.

Article 3 The tobacco monopoly administrative authorities at all levels shall protect and support the legitimate production and business activities of tobacco monopoly products, and strictly, accurately and promptly investigate and deal with violations of state monopoly laws, regulations and rules.

Article 4 Tobacco monopoly administrative organs at all levels shall investigate and deal with violations of tobacco monopoly laws, regulations and rules according to law, and shall not be subject to illegal interference.

Article 5 The investigation and handling of illegal cases shall be based on facts and take the law as the criterion, with clear facts, conclusive evidence, accurate nature, proper handling, complete procedures and legal procedures.

Article 6 The tobacco monopoly administrative organ at a higher level shall strengthen the supervision over the punishment activities carried out by the tobacco monopoly administrative organ at a lower level.

Chapter II Jurisdiction

Article 7 Cases of tobacco monopoly administrative punishment shall be under the jurisdiction of the tobacco monopoly administrative organ in the place where the illegal act occurred.

Eighth county (city) level tobacco monopoly administrative organs under the jurisdiction of the case.

The municipal tobacco monopoly administrative authorities shall have jurisdiction over cases with significant influence within their respective jurisdictions.

The departments of tobacco monopoly administration of provinces, autonomous regions and municipalities directly under the Central Government shall have jurisdiction over major and complicated cases within their respective jurisdictions.

The State Council Tobacco Monopoly Bureau has jurisdiction over cases with great influence in the whole country.

Article 9 Cases of * * * that have jurisdiction shall be investigated and dealt with by the department of tobacco monopoly administration that first filed the case. If there is any jurisdiction dispute, both parties to the dispute shall settle it through consultation; If negotiation fails, it shall be reported to the competent department of tobacco monopoly administration at the next higher level for designated jurisdiction.

Article 10 When the tobacco monopoly administration finds that the cases investigated are not under its jurisdiction, it shall promptly transfer them to the competent tobacco monopoly administration or other law enforcement agencies.

The tobacco monopoly administrative organ at a higher level has the right to directly investigate and deal with cases under the jurisdiction of the tobacco monopoly administrative organ at a lower level, or transfer cases under its jurisdiction to the tobacco monopoly administrative organ at a lower level for investigation.

Article 11 Cases that cannot or should not be investigated and dealt with by the department of tobacco monopoly administration for special reasons shall be directly investigated and dealt with by the department of tobacco monopoly administration at a higher level.

Twelfth violations of tobacco monopoly laws, regulations and rules, but also in violation of other laws, regulations and rules, according to the nature of the illegal act, by the tobacco monopoly administrative department and other relevant law enforcement agencies through consultation.

Chapter III Filing a Case

Thirteenth tobacco monopoly administrative organs to investigate and deal with illegal cases, should be within the jurisdiction of the timely filing.

Article 14 According to the Tobacco Monopoly Law of People's Republic of China (PRC), the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC) and the relevant laws and regulations of the state, if any unit or individual produces or deals in tobacco monopoly products under any of the following circumstances, the department of tobacco monopoly administration shall file a case for investigation:

(a) after preliminary examination, have mastered certain illegal facts, should be given administrative punishment;

(two) according to the illegal facts and evidence provided by the prosecutor, it is necessary to investigate and deal with it;

(three) have mastered the clues of the illegal behavior of the parties, and there are major suspects of illegal activities that need to be investigated;

(4) Cases transferred by other tobacco monopoly administrative organs or relevant departments;

(5) Cases assigned by higher authorities.

Fifteenth tobacco monopoly administrative organs need to go through the formalities of filing, the undertaker shall fill in the filing report form and attach relevant materials, and report to the person in charge of the administrative organ for approval.

The ongoing illegal acts shall be investigated and dealt with immediately, and the filing procedures shall be handled in time after investigation.

Article 16 The department of tobacco monopoly administration shall assign more than two (including two) law enforcement officers to handle the cases that have been filed.

Seventeenth law enforcement officers and other case-handling personnel (hereinafter referred to as case-handling personnel) should withdraw in any of the following circumstances, and the parties have the right to apply for their withdrawal:

(1) Being involved in this case;

(2) His close relatives have an interest in the case;

(3) Having other relations with the parties to the case, which may affect the impartial law enforcement.

Article 18 Where a party applies for the withdrawal of a case-handling person, it shall be decided by the person in charge of the tobacco monopoly administration at the corresponding level.

Chapter iv investigation and evidence collection

Twentieth tobacco monopoly administrative law enforcement personnel in investigating illegal cases, should produce inspection certificates issued by the tobacco monopoly administrative departments at or above the provincial level.

Article 21 After the tobacco monopoly administrative organ files a case, the case-handling personnel shall promptly investigate and collect evidence. Investigation and evidence collection shall be carried out by two or more (including two) case handlers.

Article 22 There are the following types of evidence:

(1) Physical evidence;

(2) Documentary evidence;

(3) Testimony of witnesses;

(4) record of inquiry;

(5) Audio-visual materials;

(6) Evaluation conclusion;

(7) Records of the inquest.

The above evidence must be verified before it can be used as the basis for finalizing the case.

Twenty-third to collect evidence from witnesses involved in the case, it should be done individually, and it should be explained to the witnesses that perjury or concealment of evidence is not allowed. The witness's testimony materials shall be signed or sealed by the witness after verification.

Twenty-fourth parties to an inquiry shall make an inquiry record. The inquiry record allows the parties to propose amendments and supplements. After verification, the parties shall sign or seal page by page. If the parties refuse to sign or seal, the case-handling personnel shall indicate the situation in the inquiry record.

Twenty-fifth investigators need the assistance of posts and telecommunications, banks and other departments and units, and cooperate with the investigation and evidence collection, which shall be handled in accordance with the relevant provisions of the state.

Article 26 If the case-handling personnel need to consult and copy contracts, invoices, account books, bills, records, documents, business correspondence and other materials related to illegal acts from the business files of the relevant units, they shall produce written certificates issued by the tobacco monopoly administration authorities at or above the county level (including the county level). If it is difficult to obtain the original evidence related to the case, the original can be copied, copied, extracted and photographed.

Evidence obtained from the business archives of the relevant units shall be kept confidential if it involves state secrets, commercial secrets or personal privacy.

Twenty-seventh inspection of illegal property shall be carried out by two or more (including two) case handlers, and the parties or two or more (including two) witnesses are present. The inspection shall make a record of the scene, which shall be signed or sealed by the parties or witnesses.

Twenty-eighth extraction vouchers shall be issued by the project list, and shall be handled by two or more (including two) personnel.

Signature or seal of personnel and more than two (including two) witnesses.

In the case that the evidence may be lost or difficult to obtain later, with the approval of the person in charge of the tobacco monopoly administrative organ at the same level, it may be registered and preserved in advance, and a decision shall be made in a timely manner within seven days. During this period, the parties concerned or relevant personnel shall not destroy or transfer the evidence.

Chapter V Decision on Punishment

Twenty-ninth after the investigation of the case, the person in charge of the tobacco monopoly administration shall review the investigation results and make a decision according to different situations:

(a) if there are indeed illegal acts that should be subject to administrative punishment, the decision on administrative punishment shall be made according to the seriousness and specific circumstances;

(two) if the illegal act is minor and administrative punishment cannot be given according to law, no administrative punishment shall be given;

(three) if the illegal facts cannot be established, no administrative punishment shall be imposed and the case shall be dismissed;

(four) if the illegal act constitutes a crime, it shall be transferred to judicial organs according to law.

Thirtieth in addition to the application of summary procedures, administrative punishment shall be in written form. The written decision on administrative punishment shall specify the following items;

(1) The name and address of the party concerned;

(2) Facts and evidence in violation of laws, regulations or rules;

(three) the types and basis of administrative punishment;

(four) the way and basis of administrative punishment;

(five) the way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit against the decision on administrative punishment;

(6) The name of the tobacco monopoly administrative organ that made the decision on administrative punishment and the date of making the decision.

The written decision on administrative punishment must be stamped with the seal of the tobacco monopoly administration department that made the decision on administrative punishment.

Thirty-first administrative punishment decision shall be delivered to the parties on the spot after the announcement; If the party concerned is not present, the department of tobacco monopoly administration shall serve the penalty decision on the party concerned within seven days in accordance with the relevant provisions.

Thirty-second, the application of summary procedures to investigate and deal with illegal acts, it should be on the spot to understand the illegal facts, make a record, and collect the necessary evidence.

Article 33 Where a summary procedure is applied to make a decision on administrative punishment, law enforcement officers shall show their law enforcement inspection certificates to the parties concerned, and the decision on administrative punishment shall be made by two or more law enforcement officers, and a written decision on administrative punishment in a predetermined format and number shall be filled in. The written decision on administrative punishment shall be delivered to the parties on the spot.

The written decision on administrative punishment prescribed in the preceding paragraph shall specify the illegal act of the party concerned, the basis of administrative punishment, the amount, time and place of the fine, and the name of the administrative organ, and shall be signed or sealed by the law enforcement personnel.

The stub of the administrative penalty decision must be submitted to the person in charge of the tobacco monopoly administration department at the same level for review.

Article 34 Before making a decision on administrative punishment, the tobacco monopoly administrative organ shall inform the parties of the facts, reasons and basis for making the decision on administrative punishment, and inform the parties of their rights according to law.

Article 35 The parties have the right to make statements and defend themselves. The competent department of tobacco monopoly administration must fully listen to the opinions of the parties and review the facts, reasons and evidence put forward by the parties; If the facts, reasons or evidence put forward by the parties are established, the department of tobacco monopoly administration shall adopt them.

The department of tobacco monopoly administration shall not increase the punishment because of the defense of the parties.

Article 36 A party shall not be given an administrative penalty of more than two fines for the same illegal act.

Thirty-seventh illegal acts have not been discovered within two years, and no administrative punishment will be given. Except as otherwise provided by law.

The time limit specified in the preceding paragraph shall be counted from the date when the illegal act occurs; If the illegal act has a continuous or continuous state, it shall be counted from the date when the act ends.

Article 38 If a party refuses to accept the decision on administrative punishment made by the department of tobacco monopoly administration, he may, within 15 days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment; The parties may also bring a suit directly to the people's court within 15 days from the date of receiving the penalty notice.

Thirty-ninth cases with an illegal business amount of more than 500 thousand yuan (including 500 thousand yuan) shall be reported to the provincial tobacco monopoly administration department for the record after making the decision on administrative punishment; In cases where the illegal business amount is more than one million yuan (including one million yuan), the competent department of tobacco monopoly administration shall report to the State Tobacco Monopoly Bureau for the record after making a decision on administrative punishment.

The tobacco monopoly administrative department at a higher level has the right to revoke the administrative punishment decision made by the tobacco monopoly administrative department at a lower level or instruct the tobacco monopoly administrative department at a lower level to retry.

Chapter VI Hearing Procedure

Article 40 The tobacco monopoly license administration organ shall inform the parties of their right to request a hearing before making an administrative penalty of ordering them to stop production or business and imposing a fine of more than 80,000 yuan; If a party requests a hearing, the department of tobacco monopoly administration shall organize a hearing.

Article 41 If a party requests a hearing and complies with the provisions of Article 40, the department of tobacco monopoly administration shall not hold a hearing and shall not make a decision on administrative punishment.

Forty-second hearing should follow the principles of openness, justice and equality.

Article 43 The department of tobacco monopoly administration shall not increase the punishment because the party concerned requests a hearing.

Article 44 If a party requests a hearing in accordance with the provisions of Article 40 of this Law, he must submit a written application within three days after the tobacco monopoly administration department informs him of his rights. The tobacco monopoly administrative organ holding the hearing shall notify the parties in writing of the time and place of the hearing seven days before the hearing is held, and report it to the tobacco monopoly administrative organ at the next higher level.

If a party fails to participate in the hearing without justifiable reasons, it shall be deemed as giving up the right to request a hearing.

The parties shall not bear the hearing fee.

In principle, the hearing will be held at the crime scene.

Forty-fifth except for cases involving state secrets, commercial secrets and personal privacy, the hearing shall be held in public and the public shall be allowed to attend.

Article 46 The presiding hearer shall be designated by the department of tobacco monopoly administration, and the number of presiding hearers shall generally be an odd number of three or more, and one of them shall be designated as the person in charge.

Article 47 The presiding hearer must meet the following conditions:

(1) It shall be a full-time staff member of the department of tobacco monopoly administration responsible for monopoly legal work or monopoly management;

(2) Investigators irrelevant to this case.

If the presiding hearer has an interest in the case or has other relations with the parties to the case, which may affect the fair handling, he shall withdraw.

If the parties consider that the moderator has any of the circumstances listed in the preceding paragraph, they have the right to apply for his withdrawal. The withdrawal decision shall be governed by Article 19 of these Provisions.

Article 48 The hearing shall be conducted in accordance with the following procedures:

(a) the host to find out the identity of the parties or other participants in the hearing, explain the cause of action, inform the parties of their rights and obligations, announce the venue discipline, ask the parties whether to apply for the withdrawal of the host, and announce the beginning of the hearing;

(2) Investigators shall point out the fact that the party concerned violated the law, present relevant evidence, and put forward suggestions and basis for punishment;

(3) The parties make statements and arguments on the alleged facts;

(4) If there is a third person, the third person shall make a statement;

(5) The investigators and the parties argue with each other;

(six) the parties make a final statement;

(seven) if there is a third person, the third person shall make a final statement and defense;

(eight) the investigators make a final statement;

(9) A written record of the hearing shall be made, which shall be signed or sealed after being confirmed by the parties, and the host and recorder shall also sign or seal it. If the parties refuse to sign or seal, it shall be indicated;

(ten) the host announced the end of the hearing.

Chapter VII Administrative Reconsideration

Forty-ninth administrative reconsideration shall follow the principles of legality, timeliness, accuracy and convenience.

Article 50 If a party refuses to accept the decision on administrative punishment made by the tobacco monopoly administrative organ at or above the county level (including the county level) and applies for administrative reconsideration, it shall be accepted by the tobacco monopoly administrative organ at the next higher level of the organ that made the decision on punishment; If a party refuses to accept the decision on administrative punishment made by the State Tobacco Monopoly Bureau and applies for administrative reconsideration, it shall be accepted by the State Tobacco Monopoly Bureau.

The competent department of tobacco monopoly administration that accepts the application for administrative reconsideration and makes a reconsideration decision is the reconsideration organ.

Article 51 The tobacco monopoly administrative authority at or above the prefecture level (including prefecture level) shall set up a reconsideration institution or be equipped with full-time reconsideration personnel.

Article 52 The reconsideration institution or full-time reconsideration personnel shall work under the leadership of the reconsideration institution and perform the following duties:

(a) to examine whether the application for reconsideration meets the statutory conditions;

(two) to investigate and collect evidence from both parties to the dispute, relevant units and relevant personnel, and to consult documents and materials;

(3) Organizing the review of reconsideration cases;

(4) Drafting reconsideration decisions;

(five) entrusted by the legal representative of the reconsideration organ to appear in court;

(six) other duties as prescribed by laws and regulations.

Fifty-third reconsideration cases need investigation and evidence collection, in accordance with the relevant provisions of Chapter IV of these Provisions.

Article 54 A written reconsideration system shall be implemented for administrative reconsideration, but the reconsideration organ may try reconsideration cases in other ways when it deems it necessary.

Article 55 The reconsideration organ shall send a copy of the application for reconsideration to the respondent within seven days from the date of acceptance. The respondent shall, within 10 days from the date of receiving a copy of the application for reconsideration, submit materials and evidence related to administrative punishment to the reconsideration organ and submit a written reply. Failing to reply within the time limit will not affect the reconsideration.

Article 56 During the period of reconsideration, the execution of administrative punishment shall not be stopped. However, in any of the following circumstances, the execution may be suspended:

(a) the respondent considers it necessary to stop the execution;

(two) the reconsideration organ considers it necessary to stop the execution;

(three) the applicant applies for suspension of execution, and the reconsideration organ considers its request reasonable and decides to stop execution;

(four) the provisions of laws, regulations and rules to suspend the execution.

Article 57 The reconsideration organ shall make a reconsideration decision within 60 days from the date of receiving the application for reconsideration.

The reconsideration decision takes legal effect as soon as it is served.

Article 58 When making a reconsideration decision, the reconsideration organ shall make a written reconsideration decision. The reconsideration decision shall include the following contents:

(a) the name, gender, age, occupation and address of the applicant (name, address and legal representative of the legal person or other organization);

(2) The name and address of the respondent and the name and position of the legal representative;

(3) The main requests and reasons for applying for reconsideration;

(four) the facts and reasons identified by the organ applying for reconsideration, the applicable laws, regulations, rules and universally binding decisions and orders;

(5) The conclusion of reconsideration;

(six) the time limit for bringing a lawsuit to the people's court against the reconsideration decision;

(seven) the year, month and day when the reconsideration decision was made.

Article 59 Before the reconsideration decision is made, if the applicant withdraws his application for reconsideration, or the respondent changes the decision on administrative punishment made, and the applicant agrees and applies to withdraw his application for reconsideration, he may withdraw it and put it on record with the consent of the reconsideration organ.

If the applicant withdraws his application for reconsideration, he may not apply for reconsideration again with the same facts and reasons.

Article 60 If an applicant refuses to accept the reconsideration decision, he may bring a suit in a people's court within 15 days from the date of receiving the reconsideration decision.

Article 61 If the tobacco monopoly administrative organ at a higher level finds that the administrative reconsideration decision of the tobacco monopoly administrative organ at a lower level is indeed wrong, it shall correct it.

Chapter VIII Execution of Penalty

Article 62 If a party fails to apply for reconsideration, bring a suit in a people's court or perform the punishment decision within the time limit, the department of tobacco monopoly administration that made the punishment decision may apply to the people's court for compulsory execution.

Article 63 If the party concerned neither brings a suit nor complies with the reconsideration decision of the reconsideration organ to maintain the administrative penalty within the time limit, the department of tobacco monopoly administration that made the administrative penalty shall apply to the people's court for compulsory execution.

Article 64 If a party fails to bring an administrative lawsuit against the reconsideration decision of the administrative organ to change the administrative penalty within the time limit, the reconsideration organ shall apply to the people's court for compulsory execution.

Article 65 The subordinate tobacco monopoly administrative department must abide by the administrative reconsideration decision made by the superior tobacco monopoly administrative department, and may not refuse or delay the implementation. No other unit or individual may obstruct the implementation of the reconsideration decision.

Article 66 In the process of investigating and handling illegal cases, the tobacco monopoly administrative organ may take administrative measures such as registration and preservation, suspension of payment, temporary suspension of tobacco monopoly license or cancellation of tobacco monopoly business qualification.

Article 67 The administrative department of tobacco monopoly shall deal with the illegal property confiscated according to law in accordance with the relevant provisions of the state.

Tobacco products that are liable to mildew and deterioration confiscated according to law shall be sold in a timely manner in accordance with relevant state regulations. The proceeds from the sale shall be turned over to the state treasury.

If the detained tobacco products that are easy to mildew and deteriorate are sealed for more than 30 days, and other tobacco monopoly products are sealed for more than 60 days, and the parties cannot be found by posting notices, issuing announcements and other measures, they can be sold off with the approval of the person in charge of the tobacco monopoly administrative organ at the same level. The proceeds from the sale shall be turned over to the state treasury.

Article 68 The department of tobacco monopoly administration shall establish a file system for administrative punishment cases. Borrowing, calling and handing over archival materials shall be approved or handed over.

Sixty-ninth case handlers must strictly implement the laws, regulations and rules of the state, enforce the law impartially, and be honest and clean. Abuse of power, dereliction of duty, corruption and bribery, favoritism, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions.

Chapter IX Supplementary Provisions

Article 70 These Provisions shall come into force as of the date of promulgation. 1On March 20, 995, the Procedures for Administrative Punishment of Tobacco Monopoly promulgated by the State Tobacco Monopoly Bureau was abolished at the same time.

Article 71 The State Tobacco Monopoly Bureau shall be responsible for the interpretation of these Provisions.