The Improvement Of The Tobacco Monopoly System In China From The Perspective Of The Anti-monopoly Law

In China,the tobacco monopoly system is implemented in the tobacco industry,and the tobacco industry pays a large amount of tax and profits to the national finance,which is a important source of the national finance.At the same time,tobacco is a special kind of commodity,which is mainly manifested in its addictive nature and certain harm to human body.The mode of monopoly operation in China’s tobacco industry is the tobacco monopoly system,which appeared earlier than the time when the anti-monopoly law of the People’s Republic of China was implemented.It’s proven itself an effective system throughout many years’ practice and development by significantly affecting Chinese tobacco industry.Since the anti-monopoly law of the People’s Republic of China was enacted,the tobacco monopoly system has been affected in many aspects.Along with China joining the WTO,the marketization process continues,as a monopoly industry,how and why the current tobacco monopoly system affected by the anti-monopoly law,how it meet the demand of the anti-monopoly law,how it adapts,haw it values,what problems it faces,what measures it can take to solve those problems and promote its development,is the main content of the research in this paper.In the 1st chapter,this paper introduces the anti-monopoly law in China’s present legislation situation and its influence on China’s current tobacco monopoly system,analyzes the applicability of the tobacco monopoly system in the context of anti-monopoly law,points out that the tobacco monopoly system can adapt to the requirement of the law and give full play to its system value.The 2nd chapter starts from analyzing the main values of the anti-monopoly law and the contradiction between those values and the particularities of the tobacco monopoly system,therefore points out that the contradiction above leads to the further contradiction between the tobacco monopoly system itself and the anti-monopoly law.Then it analyzes the conflict and the reasons of the conflict between China’s tobacco monopoly system and anti-monopoly law,followed by the case analysis of the anti-monopoly behaviors in tobacco industry,and sorts out the conflicts between the anti-monopoly law and the behaviors of tobacco enterprises.Then,starting from the essence of the current tobacco monopoly system--state monopoly,the paper analyzes the reasons for the conflicts between the operation behaviors of tobacco enterprises and the anti-monopoly law,and points out that the root of the problem lies in the absence of anti-monopoly supervision of tobacco enterprises.On the basis of the above analysis,the 3rd chapter puts forward several suggestions to solve the existing problems above.It mainly includes two aspects: 1.perfecting the function of tobacco industry internal regulatory agencies and improving the regulatory agencies’ regulatory capacity;2.strengthening the connection between the tobacco monopoly system and the anti-monopoly law so that the tobacco monopoly system can adapt to the new changes brought by the anti-monopoly law;3.on the premise of clarifying the monopoly boundary of the tobacco industry,we should promote the market-oriented reform of the tobacco industry mainly from two aspects: constructing the monopoly management system under the condition of marketization and constructing modern retail terminals to enhance the competitive power of commercial enterprises.Through the suggestions above,the tobacco monopoly system and the anti-monopoly law fit closely,and the tobacco monopoly system becomes more compatible to the anti-monopoly law context of the tobacco market environment.