Study On The Problems And Countermeasures Of The Tobacco Monopoly Law

Tobacco industry has adopted monopoly as the business mode since the industrialized production.Even the monopoly system of tobacco industry in foreign countries has been abolished,specific enterprises in the tobacco industry still monopolize the market by taking legal means.Under the requirement of the rule by law and the deepening reform of state-owned enterprises,the background of global tobacco control campaign and entrance to WTO,China's tobacco monopoly system should keep in pace with the times and adjust to new challenges.The rule of law and reform are like two wings of a bird.Only by constantly improving the monopoly system,can we make better achievements in the following aspects: control of the tobacco consumption,protection of consumers' interests and protection of the national fiscal revenue.By studying the subject of law enforcement and its jurisdiction of law enforcement in cases like unlicensed business activity,selling counterfeit and etc.This paper aims to solve the problems of tobacco monopoly management mode,in order to guarantee the operation of this mode goes orderly and effectively.This paper takes the problems in law enforcement of tobacco as an example in Jiangxi Province,analyzes the existing problems and their reasons of the current system.By improving the legal system and clarifying power list,try to regulate the subject of law enforcement.By improving the procedure of law enforcement so that the interests of other parties in the market can be assured.By strengthening the post-supervision of tobacco monopoly license to improve the regulation of the retail tobacco market.“The law alone is not enough”,to ensure the operation of tobacco monopoly management mode be carried out successfully,legal means should be adopted.For instance,the quality of law enforcement personnel should be improved.And in different cases,it's essential that an appropriate choice should be made among separate administrative enforcement,joint administrative enforcement and comprehensive administrative enforcement.