Study On Legal Issues And Measures Of Chongqing Tobacco

With the legal system’s improve and perfect,China tobacco company is growing in strength under the fast developing process of the legal system in China.From the Song Dynasty, the special commodity in China’s production and selling is in an executive monopoly way.China tobacco company operates in a monopoly franchise way,because because our country has always attach importance to the special nature of the tobacco. But in the tobacco monopoly developing legal system today, there are still some problems. Legislative differences exist between central and local, administration such as the authority of different provisions, etc,are not the same. The actual operation due to the need for authority prescribed "Tobacco Monopoly Law" and "Tobacco Monopoly implementing regulations" were changed. Their own independent development of relevant regulations are beyond the upper legislative partly.We have to say there have some problems. In practice, the local administrative department of tobacco also have some problems in the process of administrative law enforcement, problems such as beyond the law enforcement authority, a lack of awareness of administration according to law, to bring some losses to administrative counterpart, etc,are sill existing in the tobacco industry. In the interests of the law conflict, the industry due to its Zhengqiheyi system, pay more attention on the development of the tobacco companies, ignoring its another identity called tobacco monopoly administration department, it can be said under the system there are some problems.Chongqing Tobacco wants full implementation of the administrative department of construction of the rule of law on tobacco. The substance of the rule of law is to improve the level of the rule of law throughout the tobacco industry, because the operation highly depends on of the legal, so raising the level of the rule of law is the core of the construction of the rule of law on tobacco, One central element events of building the rule of law is the legal risk of tobacco prevention, In the administrative enforcement process, the vital interests of preparedness, response, will be directly related to the legal risks incident to the industry. Interest here is not just that aspect of the property, in fact, continue to regulate the market in the environment, Chongqing pay more attention to the tobacco industry to create the image, the image of the rule of law is the pursuit of the best interests of the tobacco building.The establishment of legal risk prevention is the first core construction of the rule of law of tobacco.Prevention mechanism is for the unified management of risk, legal risk tobacco administrative enforcement event witch is under the foreign tobacco industry in the event of administrative enforcement process due to administrative enforcement and other violations of the provisions of relevant laws and regulations could lead to the tobacco companies or individuals to bear adverse legal consequences, such an event is defined as a legal risk event.Legal risk prevention mechanism is the core construction of Chongqing tobacco law, the tobacco industry administrative enforcement is fundamentally different from the core legal risk prevention of other industries. Foreign law enforcement is at the core of a legal risk prevention, In2014, Chongqing Tobacco enterprise issued a series of legal risk prevention measures, including the tobacco business enterprises in Chongqing legal risk identification list, the basic legal risk prevention system to build a commercial enterprise part. Although the initial establishment of the system has been built, Once the legal risk event occurs, it is difficult to calmly deal, legal risks incident response needs improvement.Dealing with the legal risk is a major development of Chongqing tobacco, legal risk prevention is all the positions prior legal risks ones, and the risk of administrative law enforcement is just to deal with the administrative law enforcement, legal risk response measures after the event occurs. After the course, in practice, the implementation of administrative acts Monopoly Bureau, the administrative law enforcement counterparts will autonomously for relief through reconsideration, litigation, online media rendering and other means, Chongqing Tobacco Monopoly Bureau can be handled by the law enforcement response to legal risk management, to a certain the level of protection on the legal risks of incident will not result in losses to the industry, especially the image of the damage. Relatively autonomous administrative enforcement will be carried out relief through reconsideration, litigation, online media rendering and other means, Chongqing Tobacco Monopoly Bureau can be handled by the law enforcement response to legal risk management, to a certain extent, ensuring that the legal risk event does not bring the loss to the industry, especially in image damage aspect.