Fair Competition Review Applying in Tobacco Monopoly of China: on the Practice of Administrative Self-Regulation

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Chen Cenbo, Hong Yi

Abstract

Objectives: This article attempts to discuss the practice of China’s fair competition review mechanism applying in China’s tobacco monopoly administrative system as an administrative self-regulation act. Methods: by reviewing the literature, relevant website and applying the liberal interpretation in legal provisions of China, this paper reveals the important reasons behind the establishment of fair review system by the Chinese government —the existence of administrative monopoly and the problems caused by the deficiency of China's existing external regulation. Results:by combing the legal foundation of fair competition review mechanism, this paper responds to the rationality of China's adoption of self-regulation model. Furthermore, through the discussion of the applying of fair review in tobacco industry’s administration, it responds to the practice of tobacco monopoly’s self-regulation. Conclusion: the article concludes that China's fair review system can be partially applied to China's tobacco monopoly.

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