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Research On Reform Of The Legal System Of China’s Tobacco Monopoly

Posted on:2013-07-28Degree:DoctorType:Dissertation
Country:ChinaCandidate:S CaoFull Text:PDF
GTID:1226330395459204Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The governments of the world to the tobacco industry to adopt a more strictmanagement and control measures, one of the important forms of state tobaccomonopoly administration is monopoly. Since the modern times, the government to themarket regulation theory and practice directly influence and determine the tobaccocontrol mode evolution and change. Since twentieth Century80,90, tobaccomonopoly system undergoing extensive and profound changes in the countries, thetobacco in the economic field gradually relax control, in the field of social control isgradually strengthening, tobacco monopolized by the state to private change hasbecome the world tobacco industry development trend. The long-term monopolysystem also brought local blockade, brand miscellaneous, vicious competition, lowefficiency and many other problems, in this case, China tobacco monopoly law systemis becoming more and more limited. World tobacco privatization for the trend of thedevelopment of the traditional monopoly system has brought new challenges,privatization has become a realistic choice. Can be expected, the tobacco monopolysystem is a matter of necessity, but the government controls on cigarette industry willcontinue to strengthen. Tobacco monopoly privatization will from the administrativemonopoly become to the economic monopoly revolution, construction is conducive tostrengthening the tobacco industry administrative regulation legal system environment.The full text divides into five chapters.The first chapter mainly introduced the tobacco administrative regulation theory,which will review the history of administrative regulation and inevitable rule, andexpound the concept and the present legislation of tobacco monopoly. First of all, thegovernment to strengthen the administrative legal regulation of tobacco is the theorybasis for the health of the citizens, for reducing and controlling external and fiscalsecurity needs. Secondly, the administrative control in capitalist different stages showsdifferent historical characteristic, administrative controls roughly experienced four stages of change, the mercantilism period: strict control; laissez-faire period: basiccontrol; welfare state period: overall control; new liberalism period: limited control.The analysis of administrative regulation evolution rules, in order to reveal theadministrative regulation effects on social and economic development. And then, tointroduce the basic concept and characteristics of tobacco monopoly, and elaboratescurrent situation of Chinese tobacco monopoly legislation and foreign tobaccoregulation situation. To this article, tobacco monopoly tobacco regulation is only a wayof tobacco monopoly is specific period, specific social stage needs and products,tobacco administrative regulation in the privatization will be strengthened.The second chapter will mainly introduce the world tobacco monopoly legalsystem history, and marshaled Chinese tobacco monopoly in the historic evolution ofthe legal system. Firstly, it will introduce the development and revolution of thetobacco industry, and indicate the special development of tobacco industry. Secondly,the article will comb the world tobacco monopoly law system form a developmentprocess, and introduce the background of privatization of the world tobacco monopolylaw system, the tobacco monopoly law system reform process will be also elaborated.Once again, it will introduce the development process of Chinese tobacco monopolylaw system, which include the background of privatization under current Chinesetobacco monopoly law system, and also grasp the history characteristic anddevelopment trend of Chinese tobacco monopoly legal system.The third chapter will interpret the process and the legislative reference value ofJapan Tobacco Monopoly Law System. Japan1904"The monopoly law on tobacco ",in order to meet the Japanese government to promote military aggression andmilitarism launched the war and financing needs, establish the production franchisesystem, imports franchise system, license acquisition system, all tobacco and tobaccoproducts franchise sales system.,” Japan monopoly commune law" In1948and “Themonopoly law on tobacco " in1949, in order to adapt to the postwar economicdemocracy, government exit directly operate, expand enterprise independent operationrights needed, established a commune of the combination of government functions andenterprise management, the state control system intervention system, community boardmanagement system, tobacco and permit the full acquisition system, tobaccoproduction franchise system, the importation of tobacco monopoly system, tobaccoexport control system, designated retailers system, unified retail pricing system, purchase channel control system. In1984“The method of tobacco business " and "Thecompany law of Japan tobacco joint-stock industry ", in order to meet the requirementsof the market, opening up the western administrative deregulation, enhance the vitalityof enterprises, the implementation of privatization strategy needs, establish thegovernment management system, the government’s shareholding control, governmentintervention system, tobacco acquisition contract and full the acquisition system,tobacco council system and tobacco farming union, tobacco products exclusiveproduction system, import business license system, wholesale sales permit system,retail licensing system, unified system, the highest retail price of wholesale priceexamination and approval system, qualification inheritance system. These progressivelegislative reforms provide a realistic model and reference to China’s Tobacco Reformand legislation.The fourth chapter will deeply analysis the China Tobacco Monopoly all thelimitations of the legal system. The legal system of administrative plan caused tobaccoresource configuration is not reasonable and the overall structure is out of balance,restraint of tobacco enterprise to expand the size of the market development space;fiscal and tax law, tax and local interest will bind practices, objectively cured of localinterest regime and local protectionism; legal system of syncretic of politics lookforward to maintain fair and pursuit value of economic benefits target confused,tobacco administration tends to maximize the efficiency of enterprises, the tobaccobusiness tends to administration, market allocation of resources function distorted;administrative monopoly legal system of the use of improper measures is actually theright of administrative discretion in the expansion of the cause, has deviated from thestate monopoly of the purpose, is quietly eroding tobacco monopoly of the cornerstone;price management legal system caused the brand is mixed and disorderly, pricefluctuation, retail market order is confused, tobacco growers and retailers benefit isdifficult to guarantee. After the accession to the WHO, the tobacco monopoly lawsystem is confronted with more pressure and challenges.In fifth chapter, discusses our country tobacco monopoly law system reform ideasand specific design. Firstly, to analyze the China’s tobacco monopoly law systemreform necessity and goal orientation. This paper argues that, in a quite long transitionperiod, to adjust and perfect tobacco monopoly system, then, to have the plan,conditions, and stages on tobacco monopoly system of the privatization reform. Once the reform of monopoly system will be to maximize the retention of the monopolysystem of the reasonable composition, maintain the policy system stability, continuityand integrity. Secondly, this paper will to discuses the path and mode of theprivatization in our country tobacco monopoly. Comparison of foreign tobacco peoplecamp reform modes of differences, choose the most suitable for China’s history ofsocial economy environment of legal system reform mode-steadily progressive: aprogressive, continuous, safe as the main features of the Japanese, French model. Onceagain, it will indicate the reform of related legal system reform, including themonopoly system, planning system, taxation system, the price system reform ideas andspecific design. Fourthly, to promote tobacco monopoly enterprise privatization reform,advancing to state holding as the leading corporation reform. The tobacco industryfrom planned color strong administrative monopoly changed to conform to the rule ofmarket competition of economic monopoly. In fifth, it will state the tobaccoadministration legal system reform, adjust tobacco regulation legal authorization, torealistic management needs. Finally, to design the legislation framework of tobaccomonopoly law reform, and adjusts the privatization of the economic regulation,strengthen the privatization of social regulation, establish and perfect the legal systemof tobacco administrative regulation.
Keywords/Search Tags:tobacco monopoly, Legal system reform, administrative regulation, privatization
PDF Full Text Request
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