The Problems And Countermeasures Of The Administrative Guidance Of Tobacco Monopoly In China

In order to effectively solve the existing practice of tobacco monopoly in the administrative law enforcement problems,and strive to build a "administration according to law,good management" flexible tobacco monopoly law enforcement model,tobacco departments at all levels will be popular at home and abroad of the administrative guidance system is introduced to the work of tobacco monopoly administrative law enforcement,administrative guidance of this innovative service management mode in practice show that it has for the tobacco monopoly management tends to be more democratic and efficient administration,and gradually transformed into "service type" of the administrative authority.This paper is divided into three parts:The first part analysis mainly studies the administrative guidance law,on the one hand,summarizing domestic professors and scholars on administrative guidance on the research results,the tobacco monopoly administrative guidance related to the definition and analysis of its properties,but also analyzes and introduces the types and functions of administrative guidance;on the other hand described China's tobacco monopoly administrative guidance theory and practice of law foundation.The second part,this part firstly traces the background and development of tobacco monopoly administrative guidance,clear the current tobacco monopoly administrative guidance development stage;secondly,combined with the work practice summarizes the seven basic forms of administrative guidance in tobacco monopoly law enforcement,and analyzes the tobacco monopoly administrative guidance practice effect;finally,clearly pointed out the existence of the main theproblem of the tobacco monopoly administrative guidance theory research and practice,in the specified problem at the same time from four aspects: concept,functions,personnel quality and system construction of the problems in-depth analysis of the reasons.The third part,this part is to find an effective solution,first of all,according to the theory practice of the existing problems,suggestions have taken from theoretical research and practical way of short board for tobacco monopoly administrative guidance theory and practice research;secondly,through improving the professional skills and literacy and establish a correct understanding of the rule of law the transformation of the mode of the old concept of law enforcement and law enforcement of administrative guidance function;third,pointed out that in practice further clear tobacco monopoly administrative guidance principle,applicable scope and refinement of administrative guidance decision-making and implementation procedure of the content into the administrative guidance rules,to ensure that the tobacco monopoly administrative guidance work achieve the unity in the implementation of tobacco departments at all levels;fourth,in solving the relative people remedy system defects,suggestions through revising relevant law The law and regulations of administrative guidance ways to expand the scope of relief,and improve the legal responsibility of administrative guidance summarized by different causes;fifth,the establishment of information sharing,public consultation,work behavior three supporting auxiliary system alienation,tobacco monopoly administrative guidance may exist in the process of illegal and not as a problem to solve.