Forwarding the Notice of the Provincial Anti-counterfeiting Office, the Tobacco Monopoly Bureau and the Public Security Department on the Special Action Plan for Cigarette Anti-counterfeiting in Guang

Forwarding Provincial Anti-counterfeiting Office, Tobacco Monopoly Bureau and Public Security Department on

Notice of Guangdong Province’s special action plan for cigarette counterfeiting this winter and next spring

No.82 [2003] of Guangdong Government Office

People’s governments at the local and municipal levels, departments and institutions directly under the provincial government:

  The Provincial Office for Combating the Illegal Activities of Making and Selling Fake and Inferior Commodities (hereinafter referred to as the Provincial Anti-counterfeiting Office), the Tobacco Monopoly Bureau and the Public Security Department’s "Special Action Plan for Cigarette Anti-counterfeiting in Guangdong Province this winter and next spring" have been approved by the provincial people’s government and are hereby transmitted to you, please follow the implementation. Please contact the provincial anti-counterfeiting office directly for the problems encountered in the implementation.

General Office of Guangdong Provincial People’s Government

October 28th, 2003

Special Action Plan for Cigarette Counterfeiting in Guangdong Province this winter and next spring

  In order to further crack down on the illegal and criminal activities of manufacturing and selling fake and shoddy cigarettes, purify the cigarette market environment, safeguard the legitimate rights and interests of enterprises and consumers, and standardize the market economic order, this special action plan is formulated according to the requirements of the "Guangdong Province Anti-counterfeiting Work Plan in 2003".

  -guiding ideology

  Guided by Deng Xiaoping Theory and Theory of Three Represents, conscientiously implement the spirit of the 16th CPC Central Committee and the Third Plenary Session of the 16th CPC Central Committee and the spirit of General Secretary Hu Jintao’s important speech on inspecting Guangdong, adhere to the principle of "combining crackdown with prevention, treating both the symptoms and root causes, and paying equal attention to rectification and standardization", and follow the unified arrangements of the State Council, the provincial party committee and government, and the requirements of the State Tobacco Monopoly Bureau, the Ministry of Public Security and other relevant departments. According to People’s Republic of China (PRC) Criminal Law, People’s Republic of China (PRC) Criminal Procedure Law, People’s Republic of China (PRC) Tobacco Monopoly Law, People’s Republic of China (PRC) Tobacco Monopoly Law Implementation Regulations and other relevant laws and regulations, all relevant departments should, under the leadership of the local government, carry out their duties, cooperate closely and cooperate with each other, severely crack down on illegal and criminal activities of manufacturing and selling fake and shoddy cigarettes, severely punish criminals, and further consolidate and expand the achievements of cigarette counterfeiting and rectifying and standardizing the market economic order in our province.

  Second, the work objectives

  (a) the establishment of "the local government is responsible for the guidance and coordination of the anti-counterfeiting office, all parties work together, and the masses actively participate" in the leading mechanism and joint case handling mechanism of cigarette counterfeiting. The provincial anti-counterfeiting office is responsible for the organization, coordination and inspection of cigarette anti-counterfeiting work; Tobacco, industry and commerce, quality supervision and other departments are responsible for investigating and dealing with illegal and criminal activities of manufacturing and selling fake and shoddy cigarettes according to law; The public security department is responsible for investigating suspected criminal cases such as manufacturing and selling fake and shoddy cigarettes and illegally assembling and reselling cigarette machines; The supervision department is responsible for investigating the responsibility of public officials who violate the law and discipline, and supervising the implementation of the responsibility system for counterfeiting.

  (two) combined with the "solid foundation" work, pay close attention to the implementation of cigarette counterfeiting responsibility system. Governments at all levels should conscientiously implement the responsibility system for counterfeiting, especially the implementation of the responsibility system for counterfeiting cigarettes at village and town levels.

  (3) Effectively control the momentum of large-scale, mass and group-based illegal and criminal activities of manufacturing and selling fake and shoddy cigarettes in key areas of our province, so that the incidence rate of major cases of manufacturing and selling fake and shoddy cigarettes has dropped significantly.

  (four) check the network, dig gangs, end dens, catch the principal offenders, and thoroughly investigate and deal with a number of major cases involving a wide range, serious circumstances and bad nature; Dig deep into the source of counterfeiting in the production of hoods, tobacco and printed trademarks and their behind-the-scenes planning, organization and funders; Severely punish a number of ringleaders and their "protective umbrellas" who commit crimes of manufacturing and selling fake and shoddy cigarettes according to law.

  (five) the provincial tobacco monopoly bureau should strengthen the clean-up and rectification of the cigarette market, and cooperate with the industrial and commercial departments to do a good job in daily management.

  Third, key remediation areas

  This winter and next spring, the key rectification areas of cigarette special anti-counterfeiting action are: Guangzhou, Shantou, Jieyang, Chaozhou and Maoming; The key counties (cities, districts) for rectification are: Chaoyang District and Chaonan District of Shantou City, Raoping County and Chaoan County of Chaozhou City, Jiexi County, Huilai County and Puning City of Jieyang City, Huidong County of Huizhou City, Baiyun District of Guangzhou City, Zengcheng City and Dianbai County of Maoming City. Other parts of the province should also intensify the crackdown and prevention to ensure that the illegal and criminal activities of manufacturing and selling fake and shoddy cigarettes do not spread or spread.

  Fourth, the time schedule

  The special campaign lasted from October 2003 to March 2004 and was conducted in three stages:

  The first stage (preparatory stage): from the end of October to the end of November, 2003, make a thorough investigation, grasp the basic situation of illegal and criminal activities of manufacturing and selling fake and shoddy cigarettes and their leaders and backbones within their jurisdiction, and formulate specific action plans.

  The second stage (strike stage): from late November 2003 to the end of January 2004, a large-scale inventory operation was jointly organized to crack down on illegal and criminal activities of manufacturing and selling fake and shoddy cigarettes and severely punish criminals and their "protective umbrellas". During the New Year’s Day and the Spring Festival, governments at all levels and relevant departments should actively organize forces and cooperate with each other to set off a climax of cracking down on illegal and criminal activities of manufacturing and selling fake and shoddy cigarettes.

  The third stage (summary and commendation stage): from the first ten days of February to the end of March, 2004, the provincial anti-counterfeiting office will take the lead in inspecting and supervising the special anti-counterfeiting operations in winter and spring in various places, and commend and reward the units and individuals that have made outstanding performance during the special operations.

  V. Organizational leadership

  In order to strengthen the leadership of the special campaign against cigarette counterfeiting this winter and next spring, and ensure the effectiveness of all the work, the provincial government decided to set up a special action supervision group to be responsible for the coordination and command of the special action. The steering group is led by the provincial anti-counterfeiting office, and its members are composed of relevant personnel from the anti-counterfeiting office, public security, industry and commerce, quality supervision, tobacco, discipline inspection and supervision departments.

  VI. Job Requirements

  (A) to raise awareness and strengthen leadership

  The illegal and criminal activities of manufacturing and selling fake and shoddy cigarettes have destroyed the normal social and economic order, damaged the honest, trustworthy, fair and competitive market environment, endangered the physical and mental health of the broad masses of people, caused huge economic losses to the country and enterprises, and damaged the image of our province. Governments at all levels and relevant departments should fully understand that cracking down on the illegal and criminal activities of manufacturing and selling fake and shoddy cigarettes is an important measure to rectify and standardize the market economic order and improve the socialist market economic system from the height of practicing Theory of Three Represents; Fully understand the particularity, long-term and arduousness of cigarette counterfeiting, overcome slack thinking and war-weariness and make unremitting efforts. Governments at all levels should adhere to the principle of "keeping the soil responsible", and take cigarette counterfeiting as an important part of counterfeiting work. The leaders in charge of the government should personally grasp it, organize it carefully and make careful arrangements. All localities should refer to the practice of the province, set up corresponding institutions, and effectively strengthen the organization and leadership of special actions.

  (2) Close cooperation and coordinated operations.

  Cigarette counterfeiting involves a wide range, and all relevant functional departments should carry out their duties, coordinate and cooperate, and make key breakthroughs to ensure the effectiveness of all work. Tobacco, industry and commerce, quality supervision and other administrative law enforcement departments should intensify the investigation and punishment, and the suspected criminal cases should be promptly transferred to the public security organs for handling in accordance with the Provisions of the State Council on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs, and punishment should not be substituted for punishment. Public security organs should promptly carry out investigations, collect criminal evidence and arrest criminal suspects. Public security and judicial departments at all levels should actively study issues such as fact finding, evidence confirmation and application of laws according to the new situation and new characteristics of cigarette counterfeiting and selling activities, and punish illegal and criminal cases with serious circumstances and bad influence quickly and severely according to law in order to deter criminals. Public security organs in Guangzhou, Chaoyang, Chaonan, Puning and other places should intensify their efforts to pursue suspects who are at large in manufacturing and selling counterfeit and shoddy cigarettes, and strive to bring them to justice during special operations. Supervisory organs at all levels should strengthen the system of administrative accountability, and seriously investigate and deal with acts such as state staff participating in or sheltering the activities of manufacturing and selling fake and shoddy cigarettes and neglecting their duties and engaging in malpractices for selfish ends in the process of cigarette counterfeiting; In case of major or malignant cases caused by passive slackness and ineffective work, the responsible persons of local governments and relevant responsible persons shall be investigated according to law. Provincial Radio and Television Group should pay close attention to the installation of large-capacity three-phase electricity and inform the provincial public security department in time.

  (3) Strengthen publicity and guidance, and strengthen supervision by public opinion.

  Governments at all levels and relevant departments should, with the help of television, radio, newspapers and other news media, strengthen the publicity and reporting of the special campaign against cigarette counterfeiting this winter and next spring in accordance with the requirements of "highlighting key points, grasping opportunities and creating momentum", and focus on publicizing the firm determination, positive actions and remarkable achievements of our province in attaching great importance to cigarette counterfeiting, making unremitting efforts and severely punishing according to law, so as to form a strong publicity momentum in the whole society and deter criminals. It is necessary to carry out publicity and education on laws and regulations among the broad masses, obtain the support and cooperation of the masses, especially do a good job in ideological education of village and town cadres in key areas, earnestly implement the responsibility system for counterfeiting, and promote the in-depth development of cigarette counterfeiting work.

Guangdong province crack down on manufacturing and selling fake and shoddy goods illegal behavior office

Guangdong tobacco monopoly bureau

Guangdong Provincial Public Security Department

October 27th, 2003