Though fireworks are beautiful when blooming, their explosion harms family reunion

📅 2022-01-14 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #Criminal Law #Public Security #Police Station Inspections #Fireworks Ban #Sale of Fireworks and Firecrackers

[2] Compiled from: Qingyuan Baichuan
 
Setting off firecrackers to celebrate the Spring Festival has a history of over two thousand years in China. However, with the development of the times and social progress, many places have issued “bans on fireworks”, and at the same time, storing and selling fireworks and firecrackers may also violate the law.

 
 

Case review
At around 10:00 a.m. on February 10, 2021, officers from the Dongcheng Police Station received a report from a member of the public during their duties that a villager had purchased a batch of fireworks and firecrackers from outside. Upon receiving the report, the Dongcheng Police Station promptly organized police forces, in conjunction with the safety supervision, firefighting, and other relevant departments, to conduct a surprise inspection of a general merchandise store in Pingtang Village Committee, Dongcheng Street, Qingcheng District.

 
 

[5] The investigation confirmed that the store owner, He Mousen, had illegally stored a batch of fireworks and sold some to nearby villagers. In response, the police confiscated and recovered the stored and sold fireworks on the spot, and brought He Mousen and the villagers who purchased the fireworks back to the station for further investigation. After interrogation, the offender He Mousen confessed to the illegal act of storing dangerous substances. He Mousen has since been administratively detained by the branch bureau in accordance with the law.
 
 
Article 125 of the Criminal Law of the People's Republic of China
Whoever illegally manufactures, trades in, transports, mails, stores guns, ammunition, or explosives shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if the circumstances are serious, the sentence shall be fixed-term imprisonment of not less than ten years, life imprisonment, or death.
Whoever illegally manufactures, trades in, transports, or stores toxic, radioactive, or infectious disease pathogen substances, thereby endangering public security, shall be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crimes mentioned in the preceding two paragraphs, a fine shall be imposed on the unit, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
 
 
Article 30 of the Public Security Administration Punishments Law
Whoever, in violation of State regulations, manufactures, trades in, stores, transports, mails, carries, uses, provides, or disposes of explosive, toxic, radioactive, corrosive substances or infectious disease pathogens and other dangerous substances shall be detained for not less than 10 days but not more than 15 days; if the circumstances are relatively minor, shall be detained for not less than 5 days but not more than 10 days.

 
 

 
[1] The author's perspective
Setting off fireworks during the Spring Festival has been a traditional custom in China since ancient times. However, in recent years, severe environmental pollution and frequent injuries caused by fireworks have led to a gradual ban on fireworks in various regions after careful consideration. Similarly, merchants selling fireworks often store large quantities of this flammable material, and the storage conditions often fail to meet requirements, making it easy for dangerous incidents like explosions to occur. According to the above legal provisions, illegal storage, sale, or setting off of fireworks can result in administrative detention. If the circumstances are serious, criminal liability may even be pursued. Therefore, parents must keep a close eye on their children and prevent them from buying or setting off fireworks to avoid harm, as serious cases may involve legal responsibility.
 
The Spring Festival is approaching, and family reunions are imminent. Residents should consciously comply with relevant regulations to protect a clear water and blue sky home and celebrate a peaceful and joyful Spring Festival.

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