In recent years, a few illegal elements are illuminated without card undertake finished product oil trades illegally, black gas station, black cheer dot, black refuelling truck to be banned repeatedly more than, resurgence, disturbed finished product oily market is current order, the life property safety belt that gives people will browbeat badly. Without card management benzine is formed manage a blame illegally to do not have controversy basically, the court inspects a clue serious degree, can be in a set term of imprisonment or arrest battle, be in or confiscate property. And whether does management derv form point of view of judge of the judicatory in managing a blame illegally to carry out to be not united without card.
Our country " criminal law " the 225th regulation, specialize in without permitting what management law, administrative regulations sets, monopolistic goods is other perhaps of the article that restricts business, disturbed market order, the clue is serious, form manage a hardship illegally. Because this manages finished product oily behavior illegally to whether make crime, basically see a management article whether belong to what law, administrative regulations sets to specialize in, monopolistic goods is other perhaps the article that restricts business.
But the State Council " regulation of dangerous chemical safety " belong to administrative regulations, department of Commerce " method of finished product oily market control " belong to sectional regulations. Because this does not have card to manage benzine to make crime all the time, without card management derv just disobeys sectional regulations, not lawbreaking with administrative regulations. Because this kind of viewpoint thinks, management derv just disobeyed Department of Commerce " method of finished product oily market control " , do not make crime. Violate act to its, answer to be in charge of a branch to be punished lawfully by administration.
The circumstance had change 2015, carry out since May 1 " dangerous chemical directory " added diesel oil newly. Derv is considered as the article that the country belongs to to restrict business in administrative regulations at this point. This eliminated the dispute that manages derv illegally to whether make crime formally also. Because this is in,did not obtain " dangerous chemical business certificate " , " finished product oil is retail management approval letter " below the circumstance that waits for card to illuminate, management derv also is formed manage a hardship illegally. But derv also has a lot of variety, be not manage all derv to make crime without card. Flash point is higher, explosion proof performance is better. " dangerous chemical directory " what add newly is to shut a cup of flash point to be less than the derv that is equal to 60 ℃ only. That is to say, shut a cup of flash point to be less than the derv that is equal to 60 ℃ to just accord with the level of put on record that runs a blame illegally only.
