Is it illegal to sell waterwheels in China?

According to the second section of the Criminal Law of People's Republic of China (PRC): 15 1, 153 and 154, it is illegal to sell water tankers as smuggled vehicles.

Criminal Code of People's Republic of China (PRC):

Article 151 Whoever smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Whoever smuggles cultural relics, precious metals such as gold and silver prohibited by the state, or precious animals and their products prohibited by the state shall be sentenced to fixed-term imprisonment of not less than five years and fined; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than five years and fined.

Whoever smuggles rare plants and their products, the import and export of which is prohibited by the state, shall be sentenced to fixed-term imprisonment of not more than five years and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.

Whoever commits the crimes mentioned in the first and second paragraphs, if the circumstances are especially serious, shall be sentenced to life imprisonment or death, and his property shall be confiscated. If a unit commits the crime specified in this article, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of each paragraph of this article.

Article 153 Whoever smuggles goods and articles other than those specified in Articles 151, 152 and 347 of this Law shall be punished in accordance with the following provisions according to the seriousness of the case:

(1) Whoever smuggles goods and articles and evades the tax payable of more than 500,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than one time but not more than five times the tax payable, or his property shall be confiscated; If the circumstances are especially serious, it shall be punished in accordance with the provisions of the fourth paragraph of Article 151 of this Law.

(2) Whoever smuggles goods and articles and evades the tax payable of not less than 150,000 yuan but not more than 500,000 yuan shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined not less than one time but not more than five times the tax payable; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than one time but not more than five times the tax payable or his property shall be confiscated.

(3) Whoever smuggles goods and articles and evades the tax payable of not less than 50,000 yuan but not more than 150,000 yuan shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the tax payable.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years.

Those who smuggle many times without treatment shall be punished according to the accumulated tax payable on smuggled goods and articles.

Article 154 If the following smuggling acts constitute a crime in accordance with the provisions of this section, they shall be convicted and punished in accordance with the provisions of Article 153 of this Law:

(1) Selling bonded goods such as raw materials, spare parts, finished products and equipment. (a) without the permission of the customs, failing to pay the tax payable, and being approved to be used for processing and assembly and compensation for trade imports, making profits in China;

(2) Selling goods and articles imported with specific duty reduction or exemption in China for profit without the permission of the customs and without paying the tax payable.

Extended data:

Information on smuggling of waterwheels:

The reporter entered "Huangjiang Smuggler" on Baidu and got 263,000 search results!

Surprisingly, the news of "cracking down on smuggling" is only a small part of "smuggling advertisements". There are not only regular riders' forums, but also smugglers' websites. "Land Rover, Audi Q7 400,000 yuan, Mercedes-Benz GL 45,300,000 yuan will win ..." An advertisement in a rider forum attracted more than 10 riders to ask for it.

The website of the smuggling shop will generally post photos of the smuggling car and then provide the contact information of the car shop, while the sales website of Dongguan Fuhai Car Shop actually appears in the form of a forum. According to the website information, buyers can choose to look after their own cars, and the car dealership has a 24-hour shuttle bus. After buying a car, the buyer pays for a used car, and the car dealer can deliver it to your door.

In many forums about used cars in Huangjiang, there are some introductions about how to avoid punishment when driving smuggled cars and licensed cars in Huangjiang, some introductions about the car transaction process and the way of buying cars, some introductions about matters needing attention when using smuggled licensed cars in Huangjiang, and some introductions about teaching you how to identify used cars.

The owner of a repair shop in Huangjiang who has been dealing with smuggled cars for a long time said that the price of luxury cars in China has soared in recent years, and the huge price difference between imported high-end cars at home and abroad has made smuggled used cars active again.

In fact, 20 10 CCTV reported the smuggling of the Yellow River twice, but it was not destroyed after that, but it increased the visibility of the Yellow River and attracted more people! The owner of the repair shop revealed that there are too many people involved in this industry. "Many people have backgrounds. This market is too big to be destroyed!"

"Last month, a coal boss found a professional mechanic from Taiyuan to pick a car in the Yellow River. Several large automobile sales companies have branches all over the country. Car buyers are optimistic about online models and prices. After prior agreement or contact with the seller's local salesman, you can go to Huangjiang Town to see the current car. "

"A phone call, the boss will come to pick up the car, then arrange accommodation, see the car test run, and then talk about the transaction when you are satisfied, and pay the deposit for the code deck. After the arrangement, pay the full amount and send it to the expressway. If you are not satisfied with the car, you can also arrange to send it back to the airport and railway station without paying any fees and free accommodation. You can't accept this service! "

According to insiders, it seems that 70% of new luxury cars are mostly bought from the cheap used car market in the United States. The selling price of the whole vehicle smuggled into China, together with the container freight, is often about 1/3 of the domestic new car price. If there is no existing car, you need to book a car from abroad. Just like buying a new car, you need a down payment. The general arrival time is about 7 to 20 days in Hong Kong and 30 to 60 days in the United States and Canada.

It is understood that in order to severely crack down on the illegal activities of smuggling used cars, Huangjiang Town has previously established a heavy-handed mechanism of "one dozen per season", and also set up a special fund of 200,000 yuan to give a reward of 1000-2000 yuan to informants who report smuggling assembled cars. However, the veteran cadres who reported to Nanfang Daily believe that "reporting a car only rewards 1000 yuan. The price of a car is higher than the whole bonus, so why fight! "

Wang Jiaheng, the chief lawyer of Guangdong Hebang Law Firm, said that when buying and selling used cars, we must find out the source of the vehicles. If the vehicle is confiscated by the customs, and the source is legal, the transaction is innocent; Buying and selling smuggled vehicles is a crime. Not only can personal safety not be guaranteed, but it will also be sanctioned by law.

"Smuggling cars belongs to the crime of smuggling ordinary goods. If the amount involved is huge, the maximum sentence can be life imprisonment; Knowing that the car was bought by smuggling is the same crime as the smuggler; If you don't know that the car is a smuggled vehicle, you have committed the crime of illegally transferring stolen goods, which is generally punished for less than three years. "

Lawyer Wang said, "In the past, trading decks were not handled. In recent years, the law has been continuously improved. At present, the judicial organs regard the production and sales of decks as illegal operations, and the annual inspection issued by car dealers also violates relevant laws, so the intermediary should be punished. Illegal proof of crime. "

References:

People's Daily Online-Is smuggling in Dongguan Huangjiang still rampant? The industrial chain extends to the whole country.

References:

China People's Congress Network-? People's Republic of China (PRC) Criminal Law (Revised Edition)

References:

People's Network-Is there a market for smuggled cars? Whoever bought the ultra-low-priced parallel luxury car will regret it.