The Nature Of The Joint Unlicensed Transport For Tobacco Monopoly

Joint illegal acts are more common in the process of administrative law enforcement,but at present,legislation in China for joint illegal acts common law violations is still have not been done.The general rule is lack of clear provisions in the Administrative Punishment Law.Besides of this,the Administrative Litigation Law only provides for ex-post relief of joint litigation.Though the "Public Security Administration Punishment Law" has made a few provisions,it is only applicable in the field of public security management,while in other administrative areas,it is difficult to apply and operate the joint illegal acts.In the practice of law enforcement in various law enforcement departments,different regions,and different industries in the common law,it is precisely because of the absence of legal basis that can be used for unify guidance,leading to inconsistencies in the rules and punishments of the joint illegal acts.This kind of absence poses certain challenges to the seriousness and authority of administrative law enforcement.Similarly,in the practice of tobacco monopoly law enforcement,as a branch of administrative law enforcement,tobacco monopoly transport without the permit for the management of tobacco monopoly commodities is a relatively common illegal behavior in tobacco law enforcement,especially multi-person joint unlicensed transport tobacco monopoly commodities is the general phenomenon of common illegal behavior;however,in law enforcement practice,there is no specifically Specific and clear regulations in China's current administrative legal system and the relevant laws and regulations such as the Tobacco Monopoly Law and the Tobacco Monopoly Law Implementation Regulations for how to impose administrative punishment on joint illegal transport behaviors so that lead different result because of different treatment methods and caused controversial.Therefore,how to scientifically and rationally choose punishment method for the joint illegal behavior to be better maintain the fairness and justice of tobacco administrative law enforcement is the important significance of this paper.There is four parts in this paper.In the first part,we introduce the basic situation of the case.The case mainly elaborates on the four aspects of the cause of action,the case,the disagreement and the focus of the debate with A and B jointly transporting tobacco monopoly products as the research object.Understand the basic situation of the case,we sort out the key points and difficulties of this study.The second part is the legal analysis of related issues,which is mainly centering on the focus of case disputes.Combined with the provisions of China's tobacco monopoly laws and regulations,a systematical analysis for the components of joint unlicensed transport of tobacco monopoly products have been given based on comprehensive analysis of the current domestic common law-related systems.The third part is the case analysis and conclusion.According to the legal analysis of the common violation of administrative punishment and focusing on the specific controversial issues in this case,we put forward suggestions and opinions on handling the case after analyzes the case in detail.The fourth part is the enlightenment of case study.On the basis of the analysis and research of this case,we will conscientiously summarize some key issues that still need to be paid attention to in the case of joint unlicensed transportation,and conduct a brief analysis and suggestions for improvement,with a view to further improving the rationality and impartiality of the handling of common illegalacts.