On The Reform Of The Game Between Double Function Of China’s Tobacco Monopoly System

China’s current tobacco monopoly system, with an implementation over thirty years, hasplayed an important role in the development of tobacco industry and national economy. Alongwith the advance of China’s market economy system, a voice to remove the monopolizationand privatization of tobacco industry has aroused. Sometimes even a voice to abolish thetobacco monopoly system appears with the increasingly rise of world tobacco controlmovement. The premise to discuss the necessity of tobacco monopoly system is to analyze itsfunctional orientation. According to the Law of the People’s Republic of China on TobaccoMonopoly, the current tobacco monopoly system of our country should take the developingfunction to organize the production and management of tobacco monopoly commodities in aplanned way and ensure sufficient state revenue. Also, it should take the regulating function toimprove the quality of tobacco products and protect the interests of consumers.The implementation of state monopoly on tobacco in modern China derived from theperiod of Beiyang government. After the founding of the People’s Republic of China, thecurrent tobacco monopoly system is not legally established until1991. At that time, over100countries implemented state tobacco monopoly system in the world. In2012, these countrieshave totally completed the reform of marketization. These countries’ functional orientation ontobacco monopoly system and the experience and lessons from the reform will provide certainreference meaning for China. In order to investigate the functions of current tobaccomonopoly system, we should primarily research on its evolution in our country and itsobjective effect which emerged in the process of continuous development and improvement.Taking a historical observation in longitudinal way, we can not only understand the historicalreasons why tobacco monopoly system exists, and understand the objective reasons why thesituation of this current system’s function forms.To probe into the reform direction of currenttobacco monopoly system, we should know its law should be of the system design, and alsoclarify its objective reality. The law should be of our tobacco monopoly system is the dualfunction endowed by the Law of the People’s Republic of China on Tobacco Monopoly todevelop and regulate the tobacco industry. While its objective reality is a lack of regulatingfunction and the imbalance between developing and regulating functions due to the historicaland practical reasons. Therefore, to increasingly promote tobacco control and enhance theregulating function of tobacco monopoly system from legal system and practice, and torealize the relative balance between its developing and regulating functions through alegalized way, are the basic orientation of the reform of China’s tobacco monopoly system.