Research On The System Of Administrative Enforcement Of Tobacco Monopoly And Criminal Justice

Since China established the tobacco monopoly system in 1980 s,the tobacco monopoly administrative department has played a huge role in the tobacco market supervision and management.However,due to the particularity of tobacco monopoly and the tendency of high profits of tobacco,tobacco related crimes in recent years have increased.Especially illegal production,sale of tobacco monopoly products and other criminal activities,a serious impact and disrupt the normal operation of the cigarette market order,undermined the national tobacco monopoly system.At present,China's tobacco monopoly administrative law enforcement and criminal justice convergence and cooperation,and achieved certain results.However,in practice,the convergence of the system there are still some problems: one is the tobacco monopoly administrative organs unwavering case,yifadaixing;two is the criminal judicial cognizance expansion;three is the case handling organ is not uniform;the four is transferred to the case processing efficiency is low.These problems appear: originated in the administrative law enforcement and criminal justice system of relevant laws and regulations are imperfect;procuratorial organs to transfer supervision of tobacco in criminal cases is ineffective;the administrative law enforcement and criminal justice transparency is not enough;do not regulate the case to the working mechanism.In order to further safeguard the tobacco monopoly market order and stability,effectively punish crimes involving tobacco,Tobacco Monopoly Authority of administrative law enforcement and criminal judicial organs shall cooperate closely,mutual cooperation,establishing and perfecting the tobacco monopoly administrative law enforcement and criminal justice system.First,the legal provisions of administrative law enforcement and criminal justice system,make up the loopholes in the law;second,to build a standardized and effective tobacco related criminal cases transferred to the working system,strictly unwavering case,yifadaixing phenomenon;third,to further expand the scope of procuratorial supervision,strengthen supervision,improve the supervision system fourth,the establishment of tobacco monopoly;administrative law enforcement and criminal justice information reporting system,strengthen the administrative law enforcement and criminal justice in the process of transparency.