我国烟草专卖制度中行政执法问题研究

我国确立烟草专卖制度已经20多年,在这20多年中,烟草专卖体制不仅没有日趋完善,反而受到日益严重的冲击。烟草专卖行政执法也因其特殊性而得不到理论界的充分认识。本文着眼于烟草专卖行政执法的具体执法实践,重点分析了上路检查权、入室检查权、违法物品实施查扣权三项执法权力的矛盾,总结了烟草专卖行政执法的症结所在。

Study of Administrative Law Enforcement in Our Tobacco Monopoly System

Our government has implemented the tobacco monopoly system for over twenty years.During the past twenty years and more,the system not only failed to be perfected,but also withstood an increasing shock.And the theoretical circle also failed to come to a full realization of the administrative law enforcement of tobacco monopoly because of its particularity.Based upon the specific law enforcement practice of the administrative law enforcement of tobacco monopoly,the paper emphatically analyses the contradiction among the right of inspection on the road,the right of inspection in the house and the right of tracking down illegal goods,and tries to find out where the crux lies in the administrative law enforcement of tobacco monopoly,in an attempt to benefit the practice of the administrative law enforcement of tobacco monopoly and to draw the attention of the theoretical circle.