Study On The Current Legal Framework Of Tobacco Monopoly In China

Dated from the monopolization of salt and iron, China’s monopoly system has exceededits original form. Nowadays, it covers many fields of social life. Most of contemporarymonopoly systems were established by means of legislation. Over the past30years, the legalframework has been gradually established. In2012, the taxation of the booming tobaccoindustry has reached a total of864.9billion Yuan, with the number of Chinese smokersexceeding300million. In2014, an anti-monopoly investigation was launched againsttobacco industry. As a result, current tobacco monopoly legal framework has been called forfurther improvement and perfection.Starting with the concept of state monopoly, the Preface introduces the necessity ofstudying tobacco monopoly legal framework. Chapter one gives a brief introduction tocurrent management system and the legal framework, pointing out that current legalframework is evidence-based and has developed steadily during the course of time. Chaptertwo analyzes domestic law as well as international law within the legal framework byadopting history approach and the law hermeneutics etc. Meanwhile, chapter three focuses onproblems and challenges exposed to current legal framework, discussing civil litigationcases，anti-monopoly investigation against tobacco industry, and the emergence of innovativeproducts such as electronic cigarette. Therefore, chapter four illustrates the writer’s proposalsfor improving tobacco monopoly legal system. First and foremost, the theoretical foundationof the system needs to be solidified. Secondly, it is necessary to improve the legal frameworkcentering on the Law of the People’s Republic of China on Tobacco Monopoly of domesticlaw. Thirdly, monopoly laws should be unified when the conditions are met.