On Reform Of China's Tobacco Monopoly System And Regulation

This thesis studies the reform of China's tobacco monopoly system and regulation.Tobacco monopoly is the system of a country monopolizing the management and administration of tobacco through legislation. Since 1980s, tobacco monopoly system of"unified guidance, vertical management, monopolization and specialized operation"has been gradually established in China, and has made great contribution to the national finance. However, under the background of China's economic transition and the situation of economic transition in the outer world and upsurge of the tobacco controlmovement, the reform of China's tobacco monopoly system is imperative. In a society under the rule of law, law will guarantee the transformation of a single system. Through comparison with and reference to the practice in the regulations on monopolization and supervision of tobacco of other countries in the world, this thesis has put forward the mode and contents of the regulation in reform of China's tobacco industry from the point of view of economic law. It is expected that the reform of China's tobacco monopoly system will be carried forward through legislation or perfection of law, where also lies the meaning of China's strategy of running the country in accordance with the law.Centering on the above issues, the arguments of this thesis can be divided into four parts:First part, what is tobacco monopoly system? A general survey of the aims and characteristics of tobacco monopoly in many countries shows that tobacco monopoly is the system of a country monopolizing the management and administration of tobacco products, which has the characteristics of law, nation, universality and history. The reason why to choose tobacco monopoly system is due to the particularity of tobacco products and tobacco industry, as well as the important status of tobacco industry in national economy. From the angle of law, tobacco monopoly is a typical national monopolization, which has both positive and negative effects.Second part, why is it necessary to reform tobacco monopoly system? There are many problems in China's tobacco monopoly system, which will hinder its further development. Meanwhile, as for domestic situation, China's reform of market economic system demands that tobacco monopoly unify the market in the field of resource allocation by means of market; as for external environment, since China has joined WTO, the pressure of opening up market is greatly increased, and although Chinese government persists in tobacco monopoly system, the fulfillment of relevant promises forces to reform tobacco monopoly system; unneglectably, an unprecedented global tobacco control movement starts to gain momentum. As a signatory state to the Convention of Tobacco Control of WTO, China has to face the issue of smoking and health squarely, to strengthen the social responsibility of tobacco enterprises in real earnest and to safeguard the health and welfare of the public, which is another reason for China's reform of tobacco monopoly system.Third part, what lessons can our country draw from the experience of foreign country? Turkey, Japan and America are countries which respectively is implementing, once implemented and has never implemented tobacco monopoly. Through comparison of reforms and regulations of tobacco monopoly or supervision in these countries, we can learn from their practice due to the universality of market economy. Besides, the tobacco industries in these countries are powerful competitors for the tobacco industry in China.Fourth part, how does law regulate reform of tobacco monopoly system? The reform of tobacco monopoly system should be guaranteed by law. Therefore, two regulation modes are considered proper in this thesis: either to establish special reform law, or within the framework of current law, to put into play the regulative function of law through multi-level and manifold legislation or perfection of law. If the first mode is unpractical, then it should be considered how to pave for the second mode. There is no doubt that macro regulation law and market supervision law in the field of economic law are important contents, among which anti-monopoly law, price law, law of tax and state-owned assets administration law are related to concrete problems during the reform. Finally, the frame of regulation system of China's tobacco monopoly system reform is set up.It should be pointed out that with economic development, tobacco monopoly system is sure to die out. However, the tobacco industry must exalt its competitive ability and become powerful in the real sense. During this process, law should bring its own function into play. To be sure, law is not omnipotent and is unable to solve all problems including the problem of system which should not be solved through law. Nor is the regulation of tobacco monopoly reform.