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A Study On Judicially Resolving The Local Administrative Monopoly

Posted on:2011-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:Z ChenFull Text:PDF
GTID:2166330332969342Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The implementation of the antitrust law is a great milestone in China's history. However, an antitrust law by its own may not solve the issue of monopoly. In this article, the judicial resolution of the anti-local administrative monopoly, an example of administrative monopoly, is proposed.This article is divided into three parts, the main contents are as follows:In the first chapter, the relationship between administrative monopoly and local administrative monopoly was discussed; the concept of administrative monopoly was explained. Local administrative monopoly is one way of administrative monopoly. The details of the scope of local administrative monopoly are presented by discussing the relationship between administrative monopoly and local administrative monopoly. The causes of local administrative monopoly were discussed in four aspects. Finally, the manifestation of local administrative monopoly and its adverse effects were briefly discussed.In the second chapter, the current state of the judicial mechanism of the anti-local administrative monopoly was discussed in terms of its legislation and how the antitrust law may affect the anti-local administrative monopoly mechanism. Following that, the existing judicial system in China, namely, the administrative, civil and criminal litigation were briefly discussed. Finally, the four issues in the anti-local administrative monopoly judicial mechanism were discussed, paving the way for the third chapter.In the third chapter, the ways of improving the anti-local administrative monopoly justice were proposed. First, the legislation of the anti local administrative monopoly is to be perfected, mainly by expanding the scope of litigation, the review standards, and by establishing the local administrative monopoly liability provisions. Second, judicial system also needs the support of law enforcement, therefore, the establishment of special anti-monopoly law enforcement agencies was proposed. Finally, the establishment of special courts on anti-local administrative monopoly and the innovation on its trials were proposed.
Keywords/Search Tags:legislative regulation, Judicial mechanism, anti-monopoly law
PDF Full Text Request
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