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Reconstruction Of China's Tobacco Monopoly Legal System From The Perspective Of Anti-monopoly

Posted on:2017-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:Q S YinFull Text:PDF
GTID:2356330512463185Subject:Law
Abstract/Summary:PDF Full Text Request
Tobaccos as addictive,harmful and special goods are widely consumed by people and of great significance on the guarantee of the government's fiscal revenue in the past dynasties.Because of the law of tobacco monopoly,Chinese tobacco monopoly system became the legal monopoly,and exempted by the antitrust law.With the WTO transition period ending,Chinese current tobacco monopoly system has significant international pressure,and also has disadvantages and limitations in the development of domestic industry.The reforming of tobacco monopoly system becomes important and urgent topic.Chinese tobacco monopoly system played a positive role in ensuring national finance income,promoting the development of the tobacco industry,maintaining the health of consumers since 1991 when it was established.But we should realize that Chinese tobacco monopoly system have weaken the competition in the market,reduced the efficiency of the tobacco industry,engaged in illegal monopoly abuse of a dominant position,damaged the consumers' rights and interests.Because of the WTO accession commitments,the restructuring of the tobacco industry is imperative under the background of anti-monopoly.Throughout the two tobacco industry management mode in the world,Japanese tobacco monopoly management system is the most worthy of reference for China.Under the background of anti-monopoly,Chinese tobacco monopoly system restructuring should form a unified national tobacco market and improve the international competitiveness on the basis of the ensuring the government financial income and the safeguarding of consumers' legal rights.Therefore,the restructuring of Chinese tobacco monopoly should separate government functions from enterprise management;introduce market competition mechanism moderately;maintain the moderate monopoly in certain areas,prevent abusing administrative power in the implementation of monopoly at the same time.In addition,the tobacco monopoly legislation should be improved.
Keywords/Search Tags:the tobacco industry, system of monopoly of sale, antitrust, restructure
PDF Full Text Request
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