Legal Control Of Administrative Monopoly

During the process that central government attempts to establish the market economic system to maximize his people's welfare, there is force coming from local government and government departments impeding the realization of central government's goal.Its form of expression is that local government and government departments use administrative power to restrict, exclude and hinder market competition, which academic circles called administrative monopoly.Administrative monopoly is harmful to society,so central government does not stop combating with it from the time that administrative monopoly emerges to now. Some laws to control administrative monopoly have been enacted and large-scale movemnets against administrative monopoly have been launched in the last twenty years.The result,however,is not desirable.In some industries or some places,administrative monopoly becomes more and more serious.To accelerate the establishment and perfection of socealist market economic system,academic circles have a long discussion on how to control administrative monopoly, and draw some conclusions. For example,somebody holds that to control administrative monopoly must depth the reform of polotical and economic system;somebody holds that administrative monopoly must be tackled comprehensively by means of politic,economy and law;somebody insists that administrative monopoly should be regulated in anti-monopoly law.These achievement's value dose not allow to be denied. But on the whole, the study on this topic in academic circles has some defects. Firstly, the content of research is not enough deep or wide, few scholars discuss the essence of administrative monopoly,.and there is no more study on how to tackle administrative monopoly by comprehensive means. Secondly,the path of research is too simple, which is often influnced by the system that West Countries regulate economic monopoly. Few people consider the establishment of anti-monopoly legal system from other disciplines,and most people fail to pay attention to native law resources in theirresearchs.Thirdly, measures put forward by some people are not practicable.Using multi-discipline study method, semantic analytical method,comparative analytical method, game analytical method and positivism analyticalmethod, the writer gives a more comprehensive and deeper research on how tocontrol administrative monopoly. The theoretic singifcance of the research is that itcan enrich the content of the general theory of anti-monopoly law,which isgeneralized and abstracted from the system of anti-economic monopoly, for thedissertation focus on not only fundmentals about administrative monopoly such asadministrative monopoly's concept, composition, types, main causes, essence andfeatures,but also the system of anti-administrative monopoly in such countries andregions as Russia, Ukraine, EU and U.S. Meanwhile, the research hasmethodological significance in perfecting the fundamental theory of economic law.Though the topic does not belong to the scope of the fundamental theory ofeconomic law,me research is developed vertically from the fundamental theory intothe design of specific system under the guide of the fundamental theory,and it willgive us most powerful and lively evidence proving that the fundamemtal theory ofeconomic law in China is scientific and practicable. The significance in practice isto give such bodies as legislature some advice on how to establish and perfect the.system of anti-administrative monopoly.The gist of the article is that administrative monopoly is an illegal monopoly that should by controlled by law and system of consult and corporation is the best effective system to control administrative monopoly. The dessertation is developed according to such structure as "what administrative monopoly is", "how administrative monopoly is" and "how we deal with administrative monopoly".Chapter I to chapter IV is about what administrative monopoly is .Chapter I analy...