Research On Adminisrative Monopoly And Its Legal Regulation

Developing market economy demmands an open, competitive and orderly economic environment. Howerver, in the transformation process from planned economy to market economy, an unjust dealing which is aimed at obtaining superiority and undermining the fair competitive market order by abusing administrative authority has sprung up, that is so-called administrative monopoly. The existence of it has prevented the market from establishing a fair and good order. Therefore, anti-administrative monopoly became very essential for setting up a healthy, fair and reasonable socialist economy.This dissertation at first introduces basic theories of administrative monopoly, then analyzes the legal regulations of administrative monopoly in foreign countries, especially those which are also in transforamtion period, and uses them in reference. At last, it brings forward some suggestions about legal regulations of administrative monopoly associated with deficiencies of it in our China.Chapter One is the general theoretic analyses of administrative monopoly. First, the concept and features of it. The concept is arrived at after introducing its origin and analyzing the academic controversies about it—the behaviour that the executive abuse its authority to limit the market competition and undermine the socialist ecomonic market order. Then it classifies administrative monopoly and lastly discusses its causes and harm. Administrative monopoly exists abroad in our country and its causes are complex—such as the long mixtureof politics and business;conventional administrative intervention into ecomony;imperfect politic, economic and legal systems;and pursuing profit,etc. Its harm mainy embodies in the following aspects: undermining competitive market order;cumbering the establishing and developing of market economy, so as to cumber our carrying out the open policy and linking with WTO and international economy;damaging consumers' interests, resulting in poliical corruption.Chapter Two analyzes the legal regulations of administrative monopoly and uses them for reference. After analyzing the legal regulations of administrative monopoly in western market ecnomy, it also explores some practices of the countries which are also in the transforamtion period. The typical examples are those of Russia and Ukraine. Then it brings up a referential conduct: legislate our Anti-Monopoly Act, including regulatingadministrative monopoly, as soon as possible;set up a special anti-administrative monopoly institution, clarify its duty purview, and entitle it superior legal purview and authority;clarify the practice principal, exterior forms and legal responsibility;relief approach should also be clarified in it.Chapter Three proposes the ways to consummate our regulations of administrative monopoly based on combining the above the analyses in Chapter One with the exploration in Chapter Two. My proposal is that the Anti-Administrative Monopoly Act should work under the follwing principle— the Constitution serves as the chief, at the same time, the supplement and cooperation of antitrust law and administrative law serves as the core. The items of Constitution should embody anti-administrative monopoly unambiguously, which can serve as legal foundation directly and can set up a system to examine violations of the Constitution. The antitrust law is the uppermost law to regulate administrative monopoly, hereby, the concept and regulative principles of administrative monopoly should be defined, the general rules of it should be prescribed, its exterior forms should be clarified, a special anti-monopoly institution should be set up and its legal responsibility should be prescribed as well.Administrative Substantive Law, Administrative Procedure Act and Administrative Procedual Law all should be consummated to regulate administrative monopoly. Administrative Procedure Act emphasizes the hearing system and Administrative Substantive Law emphsizes judicial review, especially wants to include the abstract administrative act into the range of judicial review and eliminate those acts by which the administrative monopoly represented.The administrative monopoly should be regualted on substantive and procedual aspects both in the range of administrative law and economic law. Meanwhile, we should also improve and perfect Anti-Administrative Monopoly Law in the hope of the before,in and after legal regulation of it.