Identification of Unlicensed Transportation of Tobacco

Abstract

Objectives: It is necessary to unify the subjective and objective factors to determine that the unlicensed transportation of tobacco constitutes the crime of illegal business operation, which objectively has the elements of serious circumstances and subjectively has the elements of “clearly knowing”. “Clearly knowing” means that the actor has subjective fault and is imputable. If there is evidence to prove that those who are entrusted to transport tobacco are “unaware” of others’ unlicensed business activities, they should carefully identify unlicensed tobacco transport activities as illegal business activities, and it is more in line with the principle of unification of subjectivity and objectivity. Unlicensed tobacco transportation seized in transit should be deemed as attempted illegal business operation.