Research On The Regulation Of Administrative Monopoly In China From The Perspective Of Anti-monopoly Law

Administrative monopoly regulation has been the focus of many national legislation and judicial practice concerns.Administrative monopoly status quo frequent,more sparked concern.Many scholars on this issue has been a lot of research and analysis,expand research mainly from the aspects of natural monopoly industry reform,official performance evaluation mechanism,public servants of the ideological and political education.Some scholars from the administrative level of legal regulation of monopoly launched a study,I agree with this approach,but consider the most urgent task should be to improve administrative monopoly regulation mechanisms of China's anti-monopoly.In this article,I use theoretical analysis,comparative studies,literature analysis and case study methods.The article is divided into six parts,as follows:The first part is an introduction.This section describes the behavior of multiple administrative monopoly phenomenon,pointing out the problem of regulation of administrative monopoly has become a hot academic research,and the research status issues are analyzed.The second part is the overview of administrative monopoly.This section describes the basic meaning of administrative monopoly,manifestations,harmfulness and causes.The third part is the administrative monopoly regulation's inadequate and status quo of China's anti-monopoly law.Status quo of administrative monopoly regulation of China's anti-monopoly law mainly from the concept of administrative monopoly,terms of manifestations,liability,regulations of antitrust law enforcement agencies to analyze,China's anti-monopoly law lack of administrative monopoly regulation embodied in the concept of administrative monopoly,type,lack of the specified range of state monopoly,lack of legal liability system,defect of antitrust law enforcement agencies and legal remedies ineffective.The fourth part is foreign antitrust laws legislative regulation of administrative monopoly investigation.This section includes foreign practices parsing and experience.Foreign practices introduced in Russia and the US approach,introduces the provisions of these countries on the type of administrative monopoly,antitrust authorities and legal responsibilities.Learning from foreign experience,including the provisions of the antitrust enforcement agencies awarded broad powers and harsh sound administrative monopoly liability.The fifth part is the perfect proposal of regulations of administrative monopoly in our country.This part is the focus of the article describes,including a clear definition of the concept of administrative monopoly,the type and scope of state monopoly,improve administrative monopoly legal liability system,improve the anti-monopoly law enforcement agencies and provides relief to victims of administrative monopoly approach.The sixth part is the conclusion.This section describes the important role of national anti-monopoly law on the regulation of administrative monopoly,proposed to improve administrative monopoly regulation in China's anti-monopoly law as soon as possible.I hope that some of the recommendations or views in this paper can be adopted or reference for legislators to better regulation of administrative monopoly,earnestly safeguard the legitimate rights and interests of operators and consumers.