Legal Regulation Of Administrative Monopoly Of Our Country

In the process of market economy development,not only will there be economic monopoly,but also the emergence of administrative monopoly.Since recently,due to the extensive government within the economy,the traditional market economy countries have the phenomenon of abuse of power.In addition,the transitional state in the market-oriented reform of administrative power can not be a sudden return to the market economy required by the appropriate scale,the prevalence of administrative power to restrict competition.In contrast,the transitional state administrative monopoly phenomenon is more prominent,so it is mostly in the legislation to regulate the administrative monopoly of the clear provisions.Administrative monopoly is not a unique phenomenon in China,whether it is a developed economy or a country with economic transition,there are different levels of administrative monopoly,it can be said that as long as the existence of market competition,administrative monopoly will inevitably appear,it is an administrative monopoly The characteristics of the decision.In the process of China's economic system transition,the administrative monopoly as a planned economy continues to be criticized so far,with the domestic commodity and service market openness and competition to improve the fair and orderly participation in the market competition awareness Gradually increase,how to anti-administrative monopoly has long been China's modernization process in the urgent need to solve the problem.Although the current administrative monopoly phenomenon in various countries in the world have occurred,but because of our special political and economic environment,making this phenomenon is particularly serious.Administrative monopoly is a serious economic violation,which disrupts the normal market competition order,infringed the legitimate rights and interests of the relevant market players,affecting the healthy development of the national economy,with serious economic harm.At the same time,the administrative monopoly is also the result of the abuse of administrative power.It is the act of the administrative organ to use the administrative force to intervene in the market competition.The irrational use of the administrative power has serious political illegality,which does not meet the requirements of the socialist rule of law.Easily lead to administrative corruption,it must be the executive authorities abuse of law from the law to be regulated.The reason why the administrative monopoly is difficult to cure,largely because the administrative monopoly is closely related with the executive power,it is because the administrative organs of the unreasonable use of administrative power,resulting in administrative monopoly endless,this administrative power if involved in the market competition,There will be exclusion and restrictions on market competition,coupled with China's special political and economic system,once the formation of administrative monopoly,the free competition in the market order will cause serious damage to the consequences,so the regulatory monopoly in our country without delay,for our existence Of the administrative monopoly,the state from the legislative level introduced a series of laws and regulations to regulate the administrative monopoly.This paper introduces the administrative monopoly in the specific circumstances of China's legal regulation,analyzes the causes and harms of the administrative monopoly,points out the shortcomings of the existing laws in regulating the administrative monopoly,introduces the advanced experience of anti-administrative monopoly legislation abroad,Monopoly of the regulation made a perfect proposal.This paper consists of five parts:The first part is the introduction,including the background and significance of the research,domestic and foreign research status,research methods,innovation and the framework of this article.The second part is a concrete analysis of the administrative monopoly,has introduced the concept of administrative monopoly,characteristics,recognized standards and manifestations,and pointed out that the administrative monopoly of the causes and hazards.The third part is through the analysis of the current situation of the administrative monopoly of our country,and points out that the existing problems are embodied in four aspects:the existence of the administrative monopoly concept is flawed;the provisions of the administrative monopoly law enforcement agencies are not practical;The administrative monopoly of the legal liability is not complete;the administrative monopoly of the judicial relief system is imperfect.The fourth part introduces the legislative status quo of foreign administrative monopoly legal regulation and its enlightenment to our country.First,the market economy developed countries,such as the United States,the European Union;Second,the economic system of transition countries,such as Russia,Ukraine.These countries have a mature and complete system in anti-administrative monopoly legislation,strictly stipulate the concept,subject scope,manifestation and legal responsibility of administrative monopoly,and give the independence and authority of law enforcement agencies.These advanced legislative experiences are worthy of us Learn and learn.The fifth part is the suggestion of perfecting the legal regulation of administrative monopoly in our country.Including perfecting the definition of administrative monopoly concept,perfecting the provisions of anti-monopoly law enforcement agencies,perfecting the legal liability system of administrative monopoly,and perfecting the judicial relief system of anti-administrative monopoly in our country.