| Among all levels of tobacco monopoly in China,grassroots tobacco monopoly is the only tobacco monopoly administrative law enforcement entity that directly contacts the public.Only grassroots tobacco monopoly bureaus are qualified to issue tobacco monopoly certificates.Therefore,the administrative law enforcement situation of grassroots tobacco monopoly is undoubtedly the most important and special part of the entire tobacco and grass monopoly system in China,and correspondingly,it is also a prominent part of administrative law enforcement issues.The main content of tobacco monopoly administrative law enforcement is the administrative licensing,administrative penalties,and administrative supervision and inspection of tobacco product sales.Due to the government-enterprise integration system of the tobacco administration,the main body of the tobacco monopoly administrative law enforcement is exercising the public power to manage and supervise,as well as the business operators of the sale of tobacco products,which will inevitably lead to various problems for a long time.For example,the legislative development of grassroots tobacco monopoly administrative law enforcement is gradually showing its lag,especially in terms of the right to enter the room for inspection and unlicensed transportation,where the legislative norms are still relatively vague.In terms of the right to conduct inspections on the road and the punishment for unlicensed operations,there is also a lack of uniformity in various legal and legislative norms,resulting in legal competition,there are also simple procedures,notification procedures and other non-standard problems.There are also problems such as unclear conditions for tobacco monopoly administrative license application,non-standard cancellation procedures and inadequate certificate supervision.In addition,limited by the legal development level of the grassroots,the connection between tobacco administrative law enforcement and criminal justice is not paid attention to,which indirectly affects the level of administrative law enforcement.By sorting out and thinking about the factors that restrict the development of tobacco monopoly administrative law enforcement at the grassroots level,this paper summarizes the reasons behind it,and further puts forward corresponding countermeasures,respectively from the aspects of perfecting legal loopholes,amending lagging laws,strict administrative penalties and administrative licensing procedures,and establishing and improving the supervision mechanism of tobacco monopoly administrative law enforcement at the grassroots level.This paper explains a series of effective measures to improve various problems existing in tobacco monopoly administrative law enforcement at grassroots level. |