The Research For Administrative Monopoly Of Tobacco Industry In China From The Perspective Of Anti-Monopoly Law

For a long period, China's tobacco industry has aroused wide concern of all sectors of society because of the high profits brought by administrative monopoly and its dangers preached by the mainstream media. The administrative monopoly essentially not only violates voluntary and equality market trading rules, but also destroys the competitive, unified, orderly, and open market competition order, which directly impedes the formation of a unified national market, thus fundamentally limits the promotion of the international competitiveness o f China's tobacco industry. This paper is intended to conduct a study into the regulations of administrative monopoly, and put forward the corresponding scientific strategy from the practical experience of other countries.Based on China's tobacco monopoly system, this paper launches research by learning governance models both from China and abroad and as well combined with the basic situation of our tobacco industry. First of all, it explains the performance of administrative monopoly of China's tobacco industry in details and gives a basic analysis on the causes, which are mainly from three aspects: traditional values, the result of profit distribution, government intervention. At the same time, it further analyzes each kind of disadvantages, such as: local protection(from macro view); tobacco farmers, tobacco commercial enterprise, cigarette retail customers and consumer behavior(from micro view). Secondly, through combing the regulation practice of tobacco industry of Japan, the European Union and the United States, it summarizes three points of revelations being helpful for China tobacco industry to carry out administrative monopoly regulation. They are, reforming government regulation way, introducing market competition mechanism and perfecting the system of laws and regulations. Besides that, it thus leads to the use Anti-monopoly Law to regulate the administrative monopoly of tobacco industry. Finally, the paper proposes the corresponding countermeasures from two aspects of breaking industry and occupation administrative monopoly, including separation of government and enterprises, the adjustment of finance and taxation system, the establishment of regional groups, the creation of independent brands, the strategy "going out" and legal means.After the Third Plenary Session of the Eighth Central Committee, it is time to begin the market-oriented reform of monopoly industr y. Facing the collision of the era, the reform of tobacco industry is imperative. It is urgently required to clarify the relationship between administrative monopoly of tobacco industry and Anti-monopoly Law, thereby to provide the implementation ways for the tobacco industry regulation. Although some views and points stated in this paper are not mature enough, I sincerely hope that it could contribute to proceed with the reformation of tobacco industry.