Study On Administrative Monopoly And Anti-administrative Monopoly

Administrative monopoly refers to administrative subject's restricting competition by abusing administrative power , which is a peculiar phenomenon in the period of economic transition in our country. The important reasons for administrative monopoly lie in the inertia of the planned economy, the drawbacks of all kinds of the institutions in the present administrative system and the lack of law. In the real life, there are many administrative monopoly forms which are very complicated. Administrative monopoly seriously impedes orderly competition and hinders the construction of the socialist market economic system. It is reasonable to set up a complete and effective legal system to regulate administrative monopoly.The legal system is based on the Constitution. In the Constitution, the powers of the central government and local government should be clearly divided and the scope of government power should be bounded. It is also needed to establish a complete mechanism of reviewing the normative documents'legality. Because of differences in the subject, essences of behavior, the legal liability and the remedy method between administrative monopoly and economic monopoly, it is unreasonable to regulate the both kinds of monopolies by the Anti-monopoly Law. So, a special anti-administrative monopoly law should be formulated, as the core of the anti-administrative monopoly legal system. Perfect the Administrative Reconsideration Law and Administrative Litigation Law to supply a guaranteed procedure for the anti-administrative monopoly legal system.