On The Regulation Of The Anti-monopoly Law Of The Administration Monopoly

The regulation issues of administrative monopoly have been subject to the concerns of the community,August 2007 "anti-monopoly law" introduced.the law brews for more than 20 years old, the regulation on the issue of administrative monopoly has many advantages, but there also has some place need to be improved.The full text is divided into four parts.The first part, the basis of administrative monopoly. Administrative monopoly is the main abuse of administrative power,substantive restrictions on competition caused by the offence.The concept of administrative monopoly is on the basis of the analysis of administrative monopoly of the main elements of the elements,the elements and causal relationship.Administrative monopoly and the economic monopoly and the state monopoly have many links and differences.The second part,the position of Anti-monopoly in the "anti-monopoly law".Anti-monopoly Law of administrative monopoly should be one of the main targets of adjustment. This is because the monopoly itself with the current economic and showed a greater than the danger of economic monopoly, The legislative experience of developed and developing countries has also provided us with a good draw,and the law of our country could not effectively stop the spread of administrative monopoly. Administrative monopoly Of course should be in the "anti-monopoly law" occupies an important position.The third part ,China's "anti-monopoly law" advantages and the shortcomings."Anti-monopoly law" providing administrative monopoly to form a chapter, the definition of administrative monopoly and expression on the specific forms of monopoly are advantages.Compared to the previous law is a step forward greatly. But this is, after all, a new law, many areas have yet to be improved gradually in the future implement.Firstly,about the anti-monopoly agency's jurisdiction,in fact the "anti-monopoly law" still follows the "Law Against Unfair Competition" provisions,anti-administrative monopoly is excluded from the regulation of "anti-monopoly law" enforcement agencies,dealing by superior authorities will inevitably cause difficulties in implementation.Secondly, the legal consequences of administrative monopoly and relief channels have also few provided. Lack of responsibility and relief ineffective makes the regulation of the Act for the administrative monopoly greatly reduced.Part IV is about views on the improvement of the regulation of the anti-monopoly law about the administration monopoly.Firstly, it is improving settings about the anti-monopoly enforcement agencies. "Anti-monopoly law" should be based on innovation and draw on the principle of combining independent principle, the principle of authority, professional principles and the principle of checks and balances of power can set up a unified regulatory system for economic monopoly and administrative monopoly of the implementing agencies,and detailed provisions of the agency's responsibilities and authority. Secondly,the main responsibility of administrative monopoly and the triple illegal monopoly desides that Anti-monopoly law should include administrative, civil and criminal liability, comprehensive legal responsibilities of administrative monopoly.Finally,perfect the means of anti-monopoly judicial relief. Abstract administrative monopoly of the establishment of the judicial review system,adding public interest litigation,setting civil prosecution system, cultivatting people's awareness of EPR protection to against administrative monopoly.