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规范烟草专卖经营、零售许可行为,是加强法治烟草建设的题中之义。通过撷取实践中普遍存在的非法转让许可证、规避法定渠道购进烟草制品及经营企业法定代表人变更等案例,剖析烟草专卖许可行为在法律界定、执法约束、法律衔接及后续监管方面的原因,并进一步发掘烟草专卖许可行为在实践中存在的审批单向决定、监管一条腿走路、固定经营场所要件单一及退机机制不完善等问题。根据问题提出对策,在执法理念、立法规定、程序安排及全程监管维度提出个人粗浅建议。
To regulate the tobacco monopoly management and retail licensing activities is the crux of the question of strengthening the rule of law tobacco construction. By capturing the pervasive illegal transfer licenses in practice and avoiding legal channels to purchase tobacco products and changing the legal representative of the operating enterprises, the paper analyzes the reasons of tobacco monopoly permitting in terms of legal definition, law enforcement restraint, legal connection and follow-up supervision , And further explored issues such as the one-way approval of tobacco monopoly permitting in practice, the one-legged leg of supervision, the single requirement of fixed operation sites and the imperfection of the mechanism of withdrawal. Proposed countermeasures based on the issue, put forward personal superficial suggestions on the concept of law enforcement, legislative provisions, procedural arrangements and the entire regulatory dimension.