Problems And Countermeasures Of The Administrative Penalties Procedure Of Tobacco Monopoly In China

The concept of administrative penalties procedure of tobacco monopoly is thecombination of methods, subsequence, steps, time limits and so on, which theadministrative department of tobacco monopoly has to follow when it takesadministrative penalty procedures. With increasing numbers of administrativeprocedure regulations and laws are established, the administrative penalty procedurebecomes formal and perfect. Generally speaking, there are three beneficial influenceswhen the procedure is set and written reasonable and efficient. Firstly, it restrictsabuses of power, supervising and controlling it. Secondly, it gives counterparts rightsof supervision and acquire remedies and protects public’s civil rights and scientificbenefits. Thirdly, it improves administrative efficiency and defines methods and timelimits of administrative manners. Therefore, it is necessary to set up the administrativepenalties procedure reasonable and make sure it is fully and efficiently applied, sinceit can regulate administrative actions of tobacco monopoly and keep the economyorder in tobacco industry, and plays an vital role in increasing profit and tax.This article will start from the current situation of administrative penaltiesprocedure of tobacco monopoly and will explore issues by methods of discoveringquestions, asking and analyzing problems and tackling problems. There are threechapters besides introduction and conclusion. In the first chapter, it will introduces theadministrative penalties procedures of tobacco monopoly and some related theories.Reference to the application of administrative penalties, administrative penaltiesprocedures and research results of practice of administrative penalties of tobaccomonopoly. Base on the previous explorations, it will come to the concept of theadministrative penalties procedure of tobacco monopoly. It will define features ofChina’s administrative penalties procedures of tobacco monopoly by comparing withother concepts of penalties procedures. Secondly, based on the practice ofadministrative penalties, it will explore the current situation and reflections on threeaspects: legislation, enforcement and legal supervision, for discovering penaltiesproblems existing in the tobacco industry. Legislation: vague division of labor injurisdictional rights; parts of regulations and laws lack of practicality; evidence lawdelays. Enforcement: enforcement power is restricted; procedure of investigation andtaking of evidence is miscarried; the duty of notification isn’t according to thestandard; hearing procedures are superficial; complementary registration exists; abuses of jurisdiction rights exist; the whole procedures of a case is done by oneperson and so on. Legal supervision: interior supervision becomes a mere formality;external supervision lacks. Above all, it explains all the phenomena. In the thirdchapter, I will suggest some solutions to the questions those put forward in theprevious chapters: improve and perfect related regulations and laws and enhance theenforcement unit. In addition, stick to the application of administrative penaltiesprocedures and keep legal enforcement supervision.