When dealing with such cases, the defense needs to carefully balance legal provisions with factual evidence, and at the same time pay attention to social ethics and the tendency of judicial practice. The following are possible legal defense ideas and precautions, based on the analysis of China's legal framework： --- ###**1. Legal background and core disputes** 1. **Legal basis**： -Article 59 of the "Law on the Protection of Minors" expressly prohibits the sale of tobacco and alcohol to minors, and business operators need to check their identity documents. -The "Tobacco Monopoly Law" and its implementing regulations stipulate that a license is required for the sale of tobacco and that it may not be sold to minors. -If criminal liability is involved, the crime of illegal business operation or other related crimes of the "Criminal Law" may apply (subject to specific circumstances). 2. **Core dispute points**： -Does the behavior constitute an offense or crime? -The conflict between subjective intention (whether to use “market research” as the true purpose) and objective behavior. -Whether the law allows “non-profit purpose” as a defense. --- ###**2. Possible defense directions** ####(1)**Procedure and Evidence Defense** -**Flawed identity verification**： It is claimed that the customer has fulfilled his reasonable duty of care (such as requiring the presentation of an ID card), but the purchaser uses forged documents or conceals his age, causing the customer to be unable to identify his minor. -**Legality of forensic procedures**： Question whether the process of collecting evidence from law enforcement agencies is legal (such as whether the ”Diaoyuzhoufa" constitutes a procedural violation). ####(2)**Subjective intent and behavior cutting** -**Legitimacy of purpose**： Provide evidence (such as internal market research plans, data records, employee training documents, etc.) to prove that the sales behavior is a short-term, small-scale “experimental investigation”, and the proceeds are used for public welfare or destruction, not actual profit-making. -** No subjective malice**： Emphasize that the customer has not actively induced minors to purchase, and has not obtained substantial benefits from the sales (such as extremely low sales or losses). ####(3)**Distinction between minor circumstances and responsibilities** -**Administrative responsibility is preferred**： If the amount involved in the case is small, the number of times is small, and the actual harm is not caused, it may be claimed to be an administrative violation rather than a criminal offense, and administrative penalties are recommended instead of penalties. -**Low social hazard**： Emphasize that the customer's behavior has not caused damage to the health of minors, and remedial measures have been taken afterwards (such as donating anti-smoking publicity funds). --- ###**3. Potential risks and limitations** 1. **Tendency to strict liability by law**： -The prohibition of the sale of cigarettes to minors is usually “strict liability”, that is, regardless of the subjective purpose, the act itself is illegal. The court may not adopt "market research” as a reason for exemption. 2. **High difficulty of proof**： -Sufficient evidence (such as research plan, capital flow, and employee testimony) must be provided to prove the true purpose, otherwise it can easily be deemed to be “covering up illegal purposes in a legal form.” 3. **Pressure from public opinion**： -Such cases are easy to arouse public attention to the protection of minors, and the judicial organs may deal with them strictly, and the defense needs to avoid arousing negative public opinion. --- ###**Fourth, practical suggestions** 1. **Give priority to administrative penalties and settlements**： -Actively cooperate with the investigation, admit procedural omissions, promise to rectify (such as installing an identification system), and strive to reduce penalties. 2. **Combined with compliance rectification measures**： -Propose that the company has improved its internal control mechanisms (such as staff training and identity verification technology) to demonstrate its sincerity in preventing recidivism. 3. **Sentencing defense replaces innocence defense**： -If the evidence is conclusive, you can turn to claiming that the “circumstances are significantly minor” and strive for exemption from criminal punishment or probation. --- ###**Five, summary** At the legal level, it is difficult for the purpose of “market research” to directly deny illegal acts, but it can strive to reduce or transform responsibilities through the construction of evidence chains, procedural defenses, and liability reduction. The key is to balance the legal effect and the social effect through compliance rectification and proactive accountability. In the end, the strategy needs to be flexibly adjusted based on case evidence and judicial practice.