Reconsideration On The Administrative Monopoly And Its Legal Regulation Mechanism

The central government is devoted to the market-oriented transformation of its economic system and tried every method to maximize the social interest as a whole, but such objective is constantly hindered by the government itself, its external manifestation is that the local government and its affiliated department blockades the market through executive power, leads to the failure of market competition, which is called administrative monopoly in the academic circle. Administrative monopoly was firstly taken place in the early stage of the reform and opening up years, it's not disappeared with the elapse of time and the ever-deeping transformation of the economic system. People are deeply concerned with administrative monopoly because it is deeply rooted and has strong permeability which hinders orderly competition and the formation of market economic system. Regulate such monopoly through legal methods and provide a fair, open and orderly competition environment for domestic and international enterprises, is not only beneficial to the integration of the Chinese economic law with other countries, but also beneficial for the Chinese government to implement the opening policy in an all around way, and further improve its economic development as well as its international status. For the above purpose, research on administrative monopoly and its legal regulation has certain realistic value.This thesis discusses the concept, characteristic and the formation of administrative monopoly and holds that administrative monopoly is a behavior of the government and its affiliated department who abuses its executive power thus limited the competition of market and the order of the administrative law concurrently, the administrative monopoly hinders the formation of an open and united market, encroaches the economic freedom of the business operators and the legitimate right and interest of the consumers .To improve the counter-measures of anti-administrative monopoly, it's on the one hand necessary to consider the legislative experience of Russia and Ukraine, and on the other hand strengthen the law of legislation. The author holds that it's a reliable way to restrain administrative monopoly through reformation of the economic and political system, but it's a progressive course, so make a specialized anti-monopoly law will be much move efficient. Curb administrative monopoly through legal regulation will strengthen the confidence of the other members to enter the Chinese market. This law should be in line with international...