Our Country To Administrative Monopoly Antimonopoly Law Rules And Regulations

The core and soul of market economy are equity and competition, while administrative monopoly refers to behaviors of administrative subject, who abuses executive power and adopts compulsory means to exclude, restrict or encumber legitimate competition, destroy the competitive relationship of socialist market economy and violate the fair competitive order of market economy. Administrative monopoly, which is of severe harmfulness to society, has gradually become a critical obstruction in Chinese market economy development since the Open Door policy, due to a relatively lag in political reform and a radical deficiency of control power after the state's decentralization. Thus scholars of academic world generally consider that the primary mission of anti-monopoly in China is to combat administrative monopoly.Administrative monopoly is not a unique phenomenon in China, which exists in many other transitional or even some developed countries varying in degrees. In countries with mature market economy, the relationship between state and market are well managed and has been institutionalized after hundreds of years of wearing in. But in China, as marketization has not been mature enough and executive power has not been effectively controlled, this problem is quite grievous and difficult to regulate, since China is in the economical transition period and is under the influence of institutional reform, legislative work as well as traditional ideas.The Anti-Monopoly Law regulates administrative monopoly in legislation form, which not only makes up for the defect of relatively low legislation level and insufficient authority in former administrative regulations, but also comprehensively enumerates the influential behavior of abusing executive power to restrict competition. Moreover, it defines both specific and abstract administrative monopoly behaviors, and overcomes the drawback of disharmony, overlaps and conflicts between different former legislations.Nevertheless, to regulate administrative monopoly is extremely intricate. While legislation, as a way to control institution and process of public selection, is always restricted by correlative politics, economy and social environment factors, and driven by divergent interests and demands. Any law's coming out is a process of significant benefits'gambling and compromise. When embodied in legal articles, the law is filled the wisdom and art, leaving behind lots of spaces for fulfillment, but also bring austere challenges to the effective implementation of anti-monopoly law, which makes the execution process need other correlative self-contained complete legislation to make further stipulation and supplement detailedly. This article comprises four sections: in the first section, the author proposes his own definition after probing into the conceptual analysis of administrative monopoly regarding to academic world.Administrative monopoly refers to behaviors of administrative subject, who abuses executive power and adopts compulsory means to confine or encumber legitimate competition, destroy the competitive relationship of socialist market economy and violate market's fair competitive order. Concerning the analysis of administrative monopoly's characteristics and origin, the author explores the two questions from several angles. As to administrative monopoly's characteristics, the author interprets amply its main body's character, implementation means and other aspects of characteristic problems; as to administrative monopoly's causes, the author analyses it from the perspectives of history, reality as well as system. The first section lays a foundation for the content behind. The second section reviews anti-monopoly regulations problems referring to foreign countries, especially puts an emphasis on dissertating the general situation of administrative monopoly's regulations in transitional countries and mirrors from their valuable experience. The third section compares the different legal regulations before and after the Anti-Monopoly Law's coming out and thinks it still has flaws. The forth section puts forward the author's point of view in allusion to the defects of regulation of the Anti-Monopoly Law, looking forward to consummate it.