On Legal Regulation Of Administrative Monopoly

Administrative monopoly is an illegal action which has long been the great problem of our market economic development since we carry out the modify and opening policy .however our study the on the matter too late to get a suitable answer ,and ,pur law also far away from good ,all these lead the administrative monopoly more and more serious in the market .so , how to get rid of the phenomenon is a key duty witch can not be delay . in my article "on legal regulation of administrative monopoly ", I try to answer this question.The author suggest ,administrative monopoly should be describe as : the central or local government or their belonging department misuse administrative power , in order to exclude some films and destroy or limit competition . the administrative monopoly would take place when the administrative department abuse their power or carry out their power over a level, administrative monopoly itself has several characters : its maker is those who have administrative power ; and in the subjective way the maker misuse their power ;and in objective way the administrative monopoly has destroy or limit competition .when contest with economic monopoly both of them share some commons ,such as: the maker abuse their preponderance ,and has a bad affect on the market. But they are not the same in that the administrative monopoly has a administrative character, and the administrative power holder must to support certain films to monopoly the market .On this article when I say control the administrative monopoly legally , I mean: use the law as a rule to modify the administrative monopoly, and to fine the wrong maker , recompense the inflicted sides . I think the legal system include substantive law and procedural law .When we come to the substantive law, presently, in our country there are include : "the temporary rule on carry out and protect social competition" , "the central party and government about the injunction of leaders take part in commerce and enterprise ", "the rule about a injunction of divide market "and "the unjust competition law" ; when we come to procedural law it include sue bylaw or correct by another administrative deartment or by the People Representative Congress . but now day, in our law system both of substantive law and procedural law have their shortcoming: the legal exist in serve deferent ways , and their effect lowly , to this day we have not our legal practice department ,and our law can not serve the administrative monopoly maker fairly ;in the procedural fild,the court has not enough independence ,the administrative department's public credit is cheaply ,and the People Representative Congress' help seldom happen. All these need to be 'improve .When improve our system , I support that we should lean some experience from eastern-eroupe who have their administrative monopoly problem either ,among them Ukraine's practice is the constructive one .its advance include :she has a an-monopoly law which prohibit administrative monopoly collectively , in the law all kinds of administrative monopoly were lied out specify; she has also set up an anti-monopoly department and a committee named anti-monopoly harmonize committee to carry out the law ,both of them have great power .In order to complete our legal system, at the last of my article I draw some suggestion out .first of all , we should pass our anti-monopoly law as quickly as possible , lie out the exist forms of administrative monopoly and its legal duty ,also an effect law department is necessary too . second , I suggest that we should set up a system on which sue is take up the mainly role,and complemented by administrative department or by the People Representative Congress as subway . third , to improve the administrative department's public credit and make use of the People Representative Congress .fourth, we may use the unjust-benefit regulation in civil law to regulate relationship between the benifitted films and inflicted sides.