The Studying On The Reforming Of Administrative Monopolization In China

As Chinese market economic system gradually being perfect, the market competition order constantly being normative and Chinese government incorporated with WTO, the drawbacks of the administrative monopolization is exposed day by day, the administrative monopolization can't meet the development of Chinese economy , it's imperative that the administrative monopolization will receive a reform. Combine the experience of relaxing government's regulation movement that the western countries carry on since the end of the 1970', with the experience of perfecting the rule of market competition and eliminating the illegitimate competition since the reform and opening-up, this article attempts to bring forward some suggestions about Chinese reform to the administrative monopolization.The article has divided into five part.Part one introduce basic conception and concrete characteristic of the administrative monopolization in China .The essence of the administrative monopolization is to abuse administrative power in the market economy and to carry on the exclusive control to the economic activity, to repel and restrain competition. The article compares the differences and connections between the administrative monopolization and the individual monopolization and the country monopolization. According to the difference in the subjects implemented, the administrative monopolization is shown as the local administrative monopolization and department administrative monopolization .Part two analyses the origin of administrative monopolization in China. First of all, the industry with natural monopoly is the theoretical foundation of Chinese administrative monopolization. In China, these industries with natural monopoly are often the field which concerns the national economy and the people's livelihood and public interests welfare, keeping the leading role by public-owned economy especially state-owned enterprise in those fields has become the theoretical foundation of the administrative monopolization in China. Secondly, the administrative monopolization is a special result under the system of regulation in China. In Chinese present regulation system, the government acts on 3 functions such as adjusting andcontrolling market, managing the state-owned enterprise and formulating regulation , in addition, the state-owned enterprise monopolizes the market in the regulating fields, make the regulative organization and enterprises under it form a interests community. Enterprises rely on the regulations of the laws and regulations make the monopoly position in the market, seek the monopoly profits. Finally, the administrative monopolization is the phenomenon existing in the transition course of Chinese economic system. Here from planned economy to transition stage of market economy, the simple remnants that relies on the administrative power to manage the economy exist under the old economic system, which is very apt to make some governments and government departments abuse administrative power , intervene the market activity; Meanwhile, the economic system reform makes the central government and local government, administrative interests among local government present to a plural state, for make enterprise income of area under one's jurisdiction increase, local government or administrative departments try to restrain enterprise of other area from enter this area. Combining with in the course of reforming, the market economic system is incomplete, lagging of the political structure reform ,etc. all make the administrative monopolization exist in a large amount in China.Part three analyses the issues of why do must administrative monopolization reform in China. At first, the theory of the administrative monopolization has changed, enable some business fields of the natural monopoly industry to break the monopoly pattern, and introduce the competition . for example: the border of some business of Natural monopoly industry field is variable, some link to can introduce competition; The products among the monopoly industries substitute and impel the increased competition among the trades; the change of technology economy make the market of some natural monopoly industry field prosperous it needs to break monopolization, introduce the new manufacturer to expand the products to supply. Secondly, the administrative monopolization has brought many sorts of drawbacks and made people's discontent. For example: Having encroached on the public legitimate rights and interests seriously, it has aggravated the social unjust and caused losses of the social welfare; Upsetting the market competition order, influencing the sound development of unified and opened market system; Resulting in the enterprise's poorefficiency in the monopolizing field; Causing the corruption, ruining the social conduct and damaging government's image. Moreover , with the Chinese constant deepening of the economy and political structure reform ,the reform of administrative monopolization will enter a substantive stage. The Chinese economic system reform has already entered stage of improving system from the stage of improving the policy, it needs new system to replace the already existing system and setting up new system in an all-round way. The administrative monopolization is " strong fort of planned economy ", the reform of administrative monopolization is the important task of Chinese second stage reforms .Finally, the reform of administrative monopolization is the need on Chinese incorporates WTO. The reform of administrative monopolization is not only the movement made that Chinese government meets the needs of principle of WTO frame, but in the face of large quantities of international trans-corporations enter the Chinese market too, in order to safeguard Chinese market environment with fair security and guarantee of the economy, structuring a perfect antitrust legal system, so a great action must be adopted.Part four has reviewed the course of the reform to the industry in natural administrative monopolization since the reform and opening-up, and introduce the system reform, efforts , experience made and existing problem made in system innovation in such fields as the electricity , railway , telecommunication , civil aviation ,etc. separately, which has being abolished monopolization. Meanwhile, the article is still introduce the strengthening legal construction and achievement made with the course on reforming in the antimonopoly.Part five proposes countermeasure on reform of administrative monopolization, and analyses the theory and practice problem faced against the administrative monopolization. First of all, changing the government's function, advancing the division between government and enterprises , setting up normal market operating mechanism. Draw a clear the demarcation lines of the government and enterprises , change the government from limitless function into a limited function, put emphasis on the role of market mechanism. On the basis of separating government function from enterprise management, separating 3 functions on industry regulation make , adjust and control with state-owned enterprise ownership further, make government's...