Approaching the Spring Festival, some residents saw some parents taking their children to play wrestling and setting off small fireworks downstairs. Some children throw cannons or drop or step on, some throw them individually, and some simply throw a large handful at once, "crackling" and playing non-stop.
The "little wrestling gun" sold by e-commerce platforms
Subsequently, the reporter was attracted by the shape of the small wrestling cannon: the small wrestling cannon was wrapped in a layer of colored paper, or red or green with a small and cute appearance. When asked if it was safe, some parents said: "This thing is safe, as long as you don't throw it at people." The parent also said that the child likes to play, it is very convenient to buy from the Internet, and the express delivery can be mailed, and she bought a lot online.
Subsequently, the reporter searched on the e-commerce platform: whip. There are hundreds of stores that are selling, the highest one has a monthly sales volume of 5000+ At the same time, it is specially marked in the product details introduction: salute toys for children to play for the New Year. When the reporter consulted customer service, he said: It can be shipped at any time.
It is understood that fireworks are flammable and dangerous goods, which belong to the scope of the "Regulations on the Administration of Prohibited Items", which clearly prohibits delivery, and there will be a clear reminder when placing an order to send express delivery: prohibited items must not be sent. "Fireworks must not be sent!" A person in charge of a rookie station told reporters. In addition, the reporter also learned that if you want to transport fireworks, the public security department has strict requirements, and you must have a vehicle with a special transportation permit. At the same time, according to Article 27 of the Regulations on the Safety Management of Fireworks and Fireworks No. 455 of the State Council, it is forbidden to carry fireworks on public transportation, mail fireworks, and include fireworks in checked baggage, parcels and mail. Therefore, fireworks and fireworks items cannot be transported by logistics or courier.
So, what are the types of fireworks? Are wrestling cannons and fairy sticks considered fireworks?
It is understood that fireworks can be divided into 5 categories, namely: spray flowers; Rotation class; lift-off class; Rotating liftoff class; Spitting beads.
1. Spray flowers: products that mainly spray flames and sparks during firing.
2. Rotation: products in which the main body rotates but does not lift into the air during firing.
3. Lift-off category: products that the main body is oriented to lift off during fire.
4. Rotary liftoff: products that rotate and lift off during firing.
5. Spitting beads: products that regularly emit multiple colored beads, colorful flowers, sounds and other effects from the same cylinder during firing.
Also, fairy sticks are considered a type of fireworks. According to the "China Fireworks Standards - Safety and Quality", fireworks are defined as: entertainment products that use pyrotechnics as raw materials to produce sound and light colors. Fairy sticks are prohibited fireworks and are small handheld fireworks. At the same time, although the wrestling cannon is small, it belongs to the small firecracker that explodes when it is dropped, and it also belongs to fireworks.
Moments are not a "blank space" for selling fireworks
When browsing the circle of friends, the reporter found that some micro-merchants who "purchased" foreign cosmetics and snacks in the past recently began to forward "Gatling" and "fairy sticks". Netizen Ms. Li said: "The Spring Festival has not yet arrived, my circle of friends has exploded first, all selling fireworks. "What is Gatling?" The name of the "Gatling" fireworks is derived from the Gatling machine gun, and the reporter saw in the circle of friends that according to different categories, the price of each box ranges from 680 yuan to 960 yuan. And these "micro-businessmen" not only sell fireworks, but also recruit "agents", as long as they forward pictures + add text, they can achieve "one piece drop", zero cost, no money. Attract a lot of people, and then earn the difference.
So, are those "micro-merchants" who sell Gatling and fairy stick fireworks in the circle of friends illegal?
Li Jun, a lawyer at Yunnan Tianwaitian Law Firm, said that the sales of fireworks require one booth and one certificate, and fireworks retailers must have fixed stores (stalls), hold fireworks retail licenses and business licenses, and sell in strict accordance with the requirements of relevant competent authorities at a fixed place of registration or at a sales point designated by relevant departments during the Spring Festival. Even sellers with fireworks retail licenses and business licenses are not allowed to sell fireworks through WeChat Moments, which is also illegal.
Lawyer Li Jun reminded that if the circle of friends sells fireworks and fireworks privately, and the amount of illegal business exceeds 50,000 yuan, or the illegal income exceeds 10,000 yuan, it has already reached the standard for criminalization of illegal operation. According to Article 225 of the Criminal Law, if the market order is disrupted, and the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than one time but not more than five times the illegal gains; where the circumstances are particularly serious, they shall 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 unlawful gains or have their property confiscated.
Once there is a problem with the fireworks sold, the seller and forwarder shall bear the relevant legal responsibilities.
Reporter: Han Yipu
Source: Pocket Jinan