On Administrative Monopoly Of China And Legal Regulation

Tutor: Zhu Suren Author: LiuzhenSince the 20th century eighties, administrative monopoly has been being an obstacle to economy development for the economic transitional nations while they implement market economy. China is also being confronted with the problem. Therefore, the scholars in economy and law areas set off research and discussion deeply and warmly, attempting to find an effective measure of solution. Some countries such as Russian and have conducted regislative practice. Now china is drafting Anti-monopoly law, but there are debates whether administrative monopoly should be covered. This thesis is in response to the problem.The thesis combines theoretical research and positive analysis. It emphatically expounds general theories and legal regulation's principle of administrative monopoly, then discusses how our country should launch legislation about anti-administrative-monopoly.Based on the above train of thought, the thesis is composed with four chapters.The first chapter is about the outline of administrative monopoly, emphatically analyzing the concept legal features, operation forms and causes of administrative monopoly. After defining administrative monopoly, the thesis compares it with national monopoly, economic monopoly and natural monopoly.The author thinks that there are four operation forms of administrative monopoly, including regional blockade, sector monopoly, compulsory associated restriction of competition, and points out that some natural monopolies present administrative-monopoly's tend. In the last the chapter elaborates causes of administrative monopoly.The second chapter sets off negative analysis of administrative in aspects of government interference into economy, economic principle and WTO rules, in order to offer theoretical supports against administrative monopoly.The third chapter expounds general principle of legal regulations of administrative monopoly, including the value aims, regulating patterns and legislative selection, definition of administrative and exemption systems.Based on the above three chapters, the last chapter works out Chinese legislation of solving administrative monopoly in aspects of discrimination of the condition of legal regulation, purpose of legal regulation, synthetical harness and provision of anti-monopoly law.