On Our Country's Tobacco Monopolization System

It is nearly one hundred' years since our government first implemented tobacco monopolization system in the Northern Warlords Government period. Every government supervises tobacco trade strictly by using the forms of policy, rules and regulations, etc. Many scholars air their views about the present tobacco monopolization system. But most of them illustrate this issue only form one part. And it is almost rare to see the systematical illustration on our country's tobacco monopolization system from the administrative law point of view.The tobacco monopolization system has a long history in our country. But there are many maladjustments of the present tobacco monopolization system to the development of socialistic market economy. So the present tobacco monopolization system still cannot bring its functions into full play now. This paper, from the angle of the legislation and execution of the tobacco monopolization system and theoretically discusses how to consummate and perfect our country's tobacco monopolization, positively analyses the value and the flaw of our country's tobacco monopolization system. As a conclusion, it points out that adhering to and consolidation further the present tobacco monopolization system is our government' practical and necessary choice at present and in the future and only this is suited to Chinese situation and the tendency of the world tobacco monopolization system. Basing on the situation of our country, how to set up or consummate a series of scientific and sound tobacco monopolization system to adapt to new situation? This paper puts forward the modeland the aim of how to innovate our country' tobacco monopolization system. In order to achieve that goal, we have many things to do here. We should persist in the goal of perfecting the legislation about tobacco monopolization and try to realize the transformation from administrative ordering type monopolization to economic dominating type one. We should stress the adjustment among the vested interests of government, enterprise and workers and the resource distribution among production, management, and the monopolization right. We should clarify the administrative and legal relationship between administrative management department and the national tobacco monopolization administrative institution. We should make experiments after clarifying their types and implement it step by step. After separating government and enterprise, we try to make the legal system of tobacco monopolization justified and efficient and bring forward specific ways of innovation form seven different aspects.When is the most suitable time to abolish our country's tobacco monopolization system? This paper says there is an important standard depending on whether our country has built a pretty good tobacco distribution network. The symbol of this standard is that both the network controlling the market and the market possessing rate have gone up to a relatively high level. Then tobacco monopolization system will end its historical mission on condition that the network which is not monopolization but better than monopolization forms.