Study On Legal Regulation Of Administrative Monopoly Of Tobacco Industry

Administrative monopoly of tobacco industry refers to the national administrative agency and its authorized organization carried out behaviors of manipulation,restrictions,prejudice,exclusion of competition and monopoly of the tobacco market for the production and sale of tobacco through the executive powers which mastered by it.China's implementation of the tobacco monopolization system has certain rationality in a sense,but under this system,the administration departments implement or disguise the implementation of administrative monopoly behavior is often more subtle for tobacco monopolization and more difficult to be regulated from a legal perspective.Administrative monopoly of the tobacco industry has a long time in China,which has caused serious harm to the tobacco industry itself as well as consumers.Therefore,it is necessary to strengthen the full range of regulations of the administrative monopoly of tobacco industry from three areas legislation,justice and administration.At the present stage,China's administrative monopoly of tobacco industry mainly showed the following aspects:Firstly,the tobacco monopolization has typical regional monopoly.Secondly,in the sales process of tobacco products,"Tying"Arrangement is prevalent;Thirdly,business sector of basic level tobacco companies used monopoly prices to hurt the retailer's interest;Fourthly,administrative controls of the import of tobacco is radically not relax.Administrative monopoly behaviors of tobacco were flooding which disrupted the normal order of market competition,and had infringement of the right to fair competition to other operators,thereby endangering the legitimate rights and interests of consumers.In order to conduct regulations for the administrative monopoly of tobacco,China formulated the"Anti-monopoly Law," "Anti-Unfair Competition Law","Provisions of Prohibition of Cigarette Business on Prohibiting Regional Blockade" and other departmental regulations,and implementation the full range of regulations for the administrative monopoly of tobacco industry.These trinity of regulations ways legislation,justice and administration played a role for regulations of administrative monopoly of tobacco against administrative monopoly of tobacco,but on the whole,there is still not enough.To this end,we need to learn from the experience the United States,the European Union and Japan about the aspects of legal regulations in the administrative monopoly of tobacco industry,and improve China's administrative monopoly of tobacco industry:Firstly,China's laws and regulations of administrative monopoly of tobacco industry should follow appropriate competition principles,optimize resource principles,and the principle of public participation.Secondly,putting forward policies and measures to improve the administrative monopoly from three aspects legislation,administration and justice of the tobacco industry.