Study On Legal Regulation Of Administrative Monopoly Of Tobacco Industry In China

During the transitional period of the development of economy and society in China, it is important to regulate administrative monopoly effectively to accelerate the transformation of the mode of economic development. The tobacco industry, which is of particularity, involves national economic industry, social and public interests and government financial income, etc. Thus the regulation of administrative monopoly of tobacco embraces different individual characteristics from that of other industries naturally. It is a viable way to establish a legal system for regulating tobacco industry administrative monopoly to overcome the defect of the tobacco industry and avoid the harm of administrative monopoly fundamentally, supplemented by more perfect judicial system and law enforcement mechanism. But the regulation of the tobacco industry is not an easy job because of various factors that form the administrative monopoly of tobacco. According to the existing control measures of the tobacco industry, the rational way which should be treated as a systematic project is supposed to position the value goal of the regulation of the administrative monopoly of tobacco industry in order to maintain the fair competition of the tobacco market, promote the formation of the unified tobacco market and its sound development. Apart from the introduction and conclusion, the present thesis has made a deep and thorough research from four aspects on the basis of the analysis of the theory and the objective practice.The first part expounds the general theoretical issues about the administrative monopoly of tobacco industry. It analyzes the legal implication of the administrative monopoly based on its investigation of etymology. And administrative monopoly can be defined as the behavior or state of the administrative organs and their subordinate departments and enterprises and organizations authorized and social group eliminating or restricting competition through the use of administrative power. And then according to the present situation of the tobacco industry, this thesis introduces four typical manifestation of the tobacco industry administrative monopoly features. In spite of the complicated and various representations, these features essentially reflect the dual characteristics which unit the monopoly between departments and regions, abstractness and concreteness as well as self-interest and public welfare. Therefore, objectively speaking, as far as the state and society is concerned, the tobacco industry administrative monopoly brings both positive effect and negative hazards.The second part describes the present situation of the legal regulation of the tobacco industry administrative monopoly and the existing problems. To make the legal regulation more effective, the present thesis analyses the reason why the administrative monopoly of tobacco industry coming up from the four basic perspectives:culture, politics economy and law. And to sum up, the administrative monopoly of tobacco industry is resulted from values inertia, interest distribution structure, government intervention and the shortage of legal control. Next, the thesis checks up the current legal system by taking advantage of the legislation, judicature, law enforcement, these three key factors in the legal regulation of administrative monopoly of tobacco industry, pointing out the defection like the incomplete part of the legal system and the controversy in the content, and also proposes some obvious problems such as the mistakes of institutions, weakness of the effect and the inadequacy of the relief in judicial and law enforcement agencies.The third part focuses on the regulation practice of the administrative monopoly of several typical current international tobacco industries and makes a summary of the experience of the practice. It also briefly introduces the control and the regulation of the administrative monopoly of tobacco industry in America, Japan and European Union and makes an objective comment on the practice of regulation in those countries and regions simultaneously. In the process of comparison and summary, we have found the common experience on the regulation of administrative monopoly of tobacco industry, namely, the reform of the mode of government control, the introduction of the mechanism of the market competition, improvement of the legal system and the solution to the problems such as the general direction and the key factors that involved in the regulation. This revelation has great methodological significance on the effective implantation of the legal regulation of administrative monopoly of the tobacco industry.The fourth part makes an explanation of the way for improving the legal regulation of administrative monopoly of tobacco industry in China from both of the macroscopic and microscopic aspects. The first is the establishment of the fundamental principles of law. We must not only promote the reformation of the monopoly industries unswervingly, but also give consideration to the interest demand of different groups during the process of reformation. Thus, we summarize the following four principles, namely, being lawful and efficient, the optimization of resources, public participation and protection of the right of the consumer. And the concrete system design later will be on its way around the four principles. From the perspective of the framework of the legal system, the present thesis puts forward the legal system that improves and promotes the orderly competition of tobacco industry. It straightens out the relationship between different laws and analyzes the current situation of the legal regulation and its plight with the consideration of the second part, providing the aim of the legal regulation of the administrative monopoly of the tobacco industry by the illustration of the way of the legal regulation from the aspects of the anti-monopoly law and finance and tax law.