Celebrate festivals with joy, don't sell fireworks and firecrackers recklessly

📅 2024-01-08 📂 Zhiming Hot CommentsZhiming Hot Comments [1] 🏷️ #CriminalLaw #Safety #Fireworks #RegulationsonSafetyManagementofFireworksandFirecrackers #ChineseNewYear

[2] Compiled from: Ministry of Emergency Management, Nanjing Cyberspace Administration, Changsha Cyberspace Administration
 
[3] As the Chinese New Year approaches, social media feeds are bustling with activity, with people selling New Year goods, medicines, and even "Gatling guns." However, selling fireworks and firecrackers on social media platforms is illegal, regardless of whether a sales license is held. Moreover, if any issues arise with the fireworks sold, both the seller and those who share the posts will bear corresponding legal responsibilities.

 
 

[4] If a merchant posts sales information on social media as a directive or prompt—such as telling people to go to a designated location to buy fireworks—it is not illegal. However, if the posted information specifies a transaction location other than a designated sales point, including home delivery, it is considered illegal regardless of whether a sales license is held. Privately selling fireworks on social media, with an illegal business volume exceeding 50,000 yuan or illegal income exceeding 10,000 yuan, meets the threshold for the crime of illegal business operations.
 
 
[5] Regulations on Safety Management of Fireworks and Firecrackers
Article 17 
[6] Enterprises engaged in the wholesale of fireworks and firecrackers must meet the following conditions:
[1] Possess the qualifications of a corporate legal person;
[2] Maintain necessary safety distances between the business premises and surrounding buildings and facilities;
[3] Have business premises and storage warehouses that meet national standards;
[4] Employ custodians and warehouse guards;
[5] Have conducted safety assessments in accordance with the law;
[6] Have emergency rescue plans, emergency rescue organizations and personnel, and be equipped with necessary emergency rescue equipment and devices.
Other conditions stipulated by laws and regulations.
 
Article 18 
Retailers of fireworks and firecrackers shall meet the following conditions:
The principal responsible person has received safety knowledge education;
Sales shall be conducted in dedicated stores or counters, with designated personnel responsible for safety management;
The business premises shall be equipped with necessary fire-fighting equipment and display conspicuous safety warning signs;
(4) Other conditions stipulated by laws and regulations.
 
 
[1] The People's Republic of China刑法》
Article 225: [Crime of Illegal Business Operations]
Whoever, in violation of state regulations, commits any of the following illegal business operations, disrupting market order, shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal gains; if the circumstances are especially serious, be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times the illegal gains or have property confiscated:
(1) Engaging in the sale of goods that are monopolized or subject to restricted trading under laws or administrative regulations without permission;
(2) Buying or selling import or export licenses, certificates of origin for import or export, or other business licenses or approval documents as stipulated by laws or administrative regulations;
(3) Illegally engaging in securities, futures, or insurance business without approval from the relevant state authorities, or illegally engaging in fund payment and settlement business;
(4) Other illegal business operations that seriously disrupt market order.
 
 
[1] The author's perspective
According to the aforementioned laws and regulations, selling fireworks and firecrackers on WeChat Moments may result in public security penalties for minor cases, or even criminal law violations for serious cases. Moreover, due to the flammable and explosive nature of fireworks and firecrackers, both transportation and storage carry certain risks and require higher environmental standards. Once an explosion occurs, the resulting harm will be incalculable.
 
Furthermore, since WeChat Moments has become integrated into people's lives, doing business on it is no longer unusual. For instance, early WeChat businesspeople even became wealthy due to the convenience of transactions and wide audience on WeChat. Therefore, selling fireworks and firecrackers on WeChat Moments does offer a certain degree of convenience. However, precisely because of this rapid dissemination characteristic, such illegal activities can easily expand unnoticed, and the consequences also expand unnoticed. If the quality of fireworks and firecrackers is substandard, once an accident occurs, it is not something an individual can bear.

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