The Law Requirements And System Establishment Of The Chinese Tobacco Industry

The tobacco industry is very special which use the monopoly system established by the nation. In the meanwhile, it is an industry affecting the people's life in the whole nation. From the point of taxes, it provide 1 tenth of all the taxes of the nation. From the point of healthy, breathing tobacco product is severely harmful to human's body. China's tobacco industry has been developed very well during these years, with a firm basement, however if we want its development to be continuous, we must face many new problems and contradictions. In the market-oriented economy, tobacco industry has many problems of its own excepting other factors which are unfit for today's economy. More severe challenge should be faced after china join in WTO and the Framework Convention on Tobacco Control of WHO , the innovation of China's tobacco allows of no delay.The market innovation of tobacco industry demands the laws' guidance and criterion just as other innovation. Perfect law environment is the precondition of the innovation. From all the tobacco industry researches of China, many defects are found: firstly, some ones doubt about whether break the monopoly system; secondly, system research description is lack about the market innovation; thirdly, people know less about tobacco or its system establishment, research especially about the law system establishment is nearly vacancy, which affects the law system establishment of China's tobacco industry and affects the growth of healthy tobacco market. The aim of this paper is to cover the vacancy of today's research, which make the whole society pay attention to the requirment and establishment of the law system of tobacco industry.The law of economy and administrative is used, the methods of analysis, comparison and demonstration are used also in this paper. From the nature of tobacco industry, tobacco monopoly system and its essence is discussed in detail, limitation of today's tobacco operation pattern is analyzed, innovation necessity of tobacco industry is demonstrated and innovation direction is pointed out, which provides a theory basement of "complementary operation pattern with government and market", on the base of tobacco's own nature; Law system demands about market supervising, property innovation, tax system and market price fixing of tobacco industry are demonstrated; accordingly, how to supervise the market by establishing tobacco supervising committee is analyzed, how to make the property innovation by the example of Japan is discussed, at the last, new tax system and market price fixing system is designed.To design a system satisfied requirements above, we have a lot of law's problems to be resolved. According to the demand for laws in market-oriented reform, we should perfect the related legislation, rebuild the new tobacco laws, deepen the system reform, better the supervision system, strengthen the protection for consumer's and national benefits. At the same time, the thesis also realizes that the innovation is not limited to domestic reform, with changes in the situation after China's accession to the WTO, but also should on the relevant WTO Provisions and the advanced experience of foreign industry reform.Tobacco industry market oriented innovation should be market-oriented, ensures the industry high-effect competition, and guarantees national benefit and consumer's benefit.