Research On Administrative Monopoly

Administrative monopoly refers to the illegal conducts that is used by administrative subjects to restrict competition through the administrative power. It is the special product in the economical transitional period of China and takes multiple forms in reality. The major causes for this includes the inertia of planned economy, the disadvantage of present administrative systems and the absence of legal rules. It causes serious problems and hinders fair competition and the establishment of socialist market economy. Through the analysis of present laws in the field of administrative monopoly in China and foreign countries, this article suggests a set of effective administrative anti-monopoly laws should be set up in order to regulate the administrative monopoly. Whether or not this set of laws will be effective depends on the political reform. This set of laws should be headed by Constitution in which the power of the central government as well as the local governments should be clearly defined and a relatively perfect constitutionality review system should be established. One anti-monopoly law cannot cover all kinds of monopoly, for the administrative monopoly differs a lot with economic monopoly in such aspects as subjects, nature, legal responsibility and remedy. A separate administrative anti-monopoly law should be made to regulate the administrative monopoly. This article further suggests that the present administrative review law, administrative procedure law as well as other administrative legal systems should be perfected and all these will act together as the safeguard of legal system of administrative anti-monopoly.