1. Why does selling gasoline without permission constitute the crime of illegal business operation?
(1) According to the provisions of Articles 3, 6 and 27 of the Measures for the Administration of Refined Oil Market formulated by the Ministry of Commerce, the state implements a licensing system for refined oil business, and enterprises applying for the retail business qualification of refined oil should apply to the competent commercial department of the local city (city divided into districts). After being audited by the competent commercial department of the municipal government, it shall be reported to the competent commercial department of the provincial government. The approval certificate for retail operation of refined oil products is issued by the competent commercial department of the provincial government. And only enterprises, not individuals, can engage in refined oil retail. The term "refined oil" as mentioned in these Measures includes alternative fuels such as gasoline, kerosene and diesel.
(2) According to the provisions of Articles 33 and 35 of the Regulations on the Safety Management of Hazardous Chemicals in the State Council, the state implements a licensing system for hazardous chemicals business (including warehousing business). Without permission, no unit or individual may deal in dangerous chemicals. Enterprises engaged in the management of explosive dangerous chemicals that are easy to control shall apply to the safety production supervision and management department of the local municipal government with districts, and enterprises engaged in the management of other dangerous chemicals shall apply to the safety production supervision and management department of the local county government. The safety production supervision and management department of the municipal government with districts or the safety production supervision and management department of the county government shall conduct examination according to law, and issue a business license for dangerous chemicals if it is approved. The applicant may engage in hazardous chemicals business activities only after going through the registration formalities with the administrative department for industry and commerce with the hazardous chemicals business license. It can be seen that the operation of hazardous chemicals must obtain a hazardous chemicals business license. According to the List of Hazardous Chemicals issued by the State Administration of Work Safety, "gasoline" belongs to hazardous chemicals, and diesel oil does not appear in the list.
(3) Paragraph 1 of Article 225 of the Criminal Law stipulates that the act of "dealing in goods that are monopolized or restricted by laws and administrative regulations without permission" is one of the objective acts of the crime of illegal business operation. China restricts the operation of some articles related to the national economy and people's livelihood and people's health and safety. Only after approval and obtaining a business license can the business qualification be obtained. The "restricted articles" in the crime of illegal business operation emphasize the articles that are not allowed to operate without permission according to laws and administrative regulations, otherwise they do not belong to the "restricted articles" referred to in this article.
Gasoline belongs to both refined oil and dangerous chemicals. Gasoline is not only stipulated by departmental regulations, but also by administrative regulations. Selling gasoline privately without any safety equipment or measures is very likely to cause explosion and other consequences due to poor storage, which will endanger society.
Second, the harm caused by storing gasoline without permission
The simplest algorithm is that one ton of gasoline (ordinary) can release about 6GJ(/ ton) of heat energy after burning. If it can really explode, assuming that the reaction happens instantly, even if it takes 1 s, the explosion power is equivalent to 46Gw, and the output power of an ordinary family car is about 50kw, which is equivalent to the effect that about 100000 cars hit the wall at the same time.
Third, the harm of transporting and selling bulk gasoline: unsafe.
Four, the legal basis for the punishment of transportation and sale of bulk gasoline.
According to Item 1 of Article 62 of the Fire Protection Law of People's Republic of China (PRC), those who produce, store, transport, sell, use or destroy inflammable and explosive dangerous goods in violation of relevant fire protection technical standards and regulations shall be punished in accordance with Article 30 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment: those who manufacture, buy, sell, store, transport, post, carry or transport in violation of state regulations. If the circumstances are minor, they shall be detained for more than five days and less than ten days.
5. What should I do if I need to buy bulk gasoline?
(1) If an individual needs to buy bulk gasoline for production and life, the purchaser shall provide an application (indicating the purpose and quantity) approved by the local community (village committee), his identity certificate, issue a certificate of purchasing bulk gasoline at the local police station, and then purchase it at the nearest gas station.
(2) If the unit needs to buy bulk gasoline for production, management, teaching and scientific research, the agent shall provide a letter of introduction from the unit (indicating the purpose and quantity), a copy of the business license of the unit, and my identity certificate, etc. , and issue a certificate of bulk gasoline purchase to the local police station, and then buy it at the nearest gas station.
(3) If a motor vehicle needs to buy bulk gasoline temporarily due to fuel exhaustion on the way, the purchaser shall provide the original ID card and driving license, and after being checked and registered by the person in charge of the gas station, the staff of the gas station shall be responsible for sending oil and refueling.
(4) Provisions on the administration of adding bulk gasoline.
To buy bulk gasoline, you need to bring your valid ID card for real-name registration; If you don't have a valid identity document, you must register your real name with the certificate issued by the public security organ before you can buy it; If a gas station encounters a suspicious person who comes to buy bulk gasoline without valid identification, it should refuse to sell it and call 1 10 in time or report directly to the local police station.
It is strictly forbidden to sell gasoline to units and individuals that illegally operate, store and transport, and it is strictly forbidden to refuel vehicles such as unlicensed two-wheeled and three-wheeled motorcycles, motorized wheelchairs for the disabled, and human tricycles and fuel-powered mopeds equipped with fuel-powered devices. It is forbidden to fill plastic containers with gasoline.
At the same time, it is forbidden for plastic container owners to refuel, illegally drive vehicles (unlicensed motorcycles), refuel repeatedly in a short time, and threaten violence. Please call the police in time in case of special circumstances.
legal ground
People's Republic of China (PRC)'s anti-terrorism law
Article 87 Anyone who violates the provisions of this Law in any of the following circumstances shall be given a warning by the competent department and ordered to make corrections. Refuses to correct, a fine of one hundred thousand yuan, and the directly responsible person in charge and other directly responsible personnel shall be fined ten thousand yuan:
(1) Failing to electronically track and mark guns and other weapons, ammunition, control devices, dangerous chemicals, explosives for civil use, nuclear and radioactive materials, and failing to affix safety tracking marks to explosives for civil use;
(2) Failing to monitor dangerous chemicals, explosives for civil use, and means of transport of nuclear and radioactive substances in operation through the positioning system in accordance with regulations;
(3) Failing to strictly supervise and manage infectious disease pathogens and other substances in accordance with regulations, and the circumstances are serious;
(four) in violation of the decision of the relevant competent department of the State Council or the provincial people's government to take measures to control or restrict the trading of controlled instruments, dangerous chemicals and explosives for civil use.