Research On Legal Regulation Of Administrative Monopoly

This paper first sums up and analyzes the definitions of Administrative Monopoly given by other relevant scholars, and based on this, puts forward that Administrative Monopoly is a behavior that Administrative Subject illegally exerts the administrative power to exclude or limit market competition and therefore, violates socialist market economy order. Then, this paper analyzes the characteristics of Administrative Monopoly, and contends that it is an violation of law beyond Economic Monopoly and that it has much abstractness and vivid coercing. Then I proceed to the next step to compare Administrative Monopoly with Economic Monopoly, Government Monopoly, and Natural Monopolies, and, from the angle of restrictling, Administrative Monopoly and Administrative Law, divide Administrative Monopoly into abstract Administrative Monopoly and concrete Administrative Monopoly, with the main forms of region monopoly and calling monopoly respectively. Administrative Monopoly mainly constitutes subject factor, subjective factor, object factor and objective factor.The rampant occurrences of Administrative Monopoly and the serious consequences caused by it is closely related to special "soils" in our country such as political field, economic field, cultural field and institutions. To explore the causes of our country's Administrative Monopoly is of great significance to restrict it. The main, causes that contribute to the existence of Administrative Monopoly are as follows: the historical tradition of integration of government and business field is the social background and psychological basis, interest is the internal motivation and the imperfect legal system the external cause. The main harm caused by Administrative Monopoly is that Administrative Monopoly blocks the healthy development of economic market, seriously forming a barrier to the carrying out ofour country's economic system reform, harms the public's legal rights, restricts the enhancement of social welfare, and leads to more opportunities for the corrupt actions of the government and "rent-seeking" ?using money or other interest to buy administrative power, thus reducing the faith in the government.In the recent years, the outcry against monopolies in the country is becoming louder and louder, especially, Administrative Monopoly is becoming the main target. Scholars analyze the harms caused by Administrative Monopoly from various points of view. Though these analysis are based on different angles, both one consensus agreement on the enormous harm has been reached by both scholars in economic fields and those in law. The harms are such as: Administrative Monopoly has become the biggest institutional choke point to our country's standing economic growth. Administrative Monopoly is a gigantic corruption, and to combat Administrative Monopoly is also a form of anti-corruption. I think, t o restrict Administrative Monopoly, our country should adopt a comprehensive method centered on the regulating of Administrative Laws, with other administrative regulations to restrict Administrative Monopoly. Specifically, the measures are as follows: One the one hand, to perfect the regulations of Administrative Laws restricting Administrative Monopoly and the regulating mechanism of Administrative Laws, including adjusting power distribution and organization of relevant power institutes, Administration and Legal institutes, emphasizing on regulating abstract Administrative Monopoly, to set up anti-monopoly laws to definitely define Administrative Monopoly, providing the legal basis for identification of Administrative Monopoly, and to perfect administrative reconsidering and administrative suit institutions, pivoting on concrete Administrative Monopoly. On the other hand, on the basis of Administrative institutions, and combing political and economic measures to gradually remove the "soil" for the birth and growth of Administrative Monopoly.