Study Of Administrative Monopoly Legal Liability

With our country's market-oriented economy development and the effect of WTO rules in our country, the harmfulness of the administrative monopoly conducts left in the planned economy period is becoming more and more serious. However, the responsibility form â‘ that our country's Counter- Illicit Competition Law stipulated aims at the market main body, but not the illicit behavior and the monopoly behavior, which cannot be applied directly to our country's administrative monopoly behavior. Over a long period of time, the reason why administrative monopoly cannot be prohibited completely is that the strict legal liability system has not been established. That the responsibilities of the administrative monopoly main body leaders haven't been investigated and the victims' right of administrative lawsuit and damage compensation haven't been stipulated are in great contrast with the requirement of anti-administrative monopoly.At present stage, our country's administrative monopoly is impossible to be eliminated in the short period. If the legal liability of the administrative monopoly implementation main body cannot be powerfully investigated, the victims suffered from administrative monopoly cannot be relieved correspondingly, it will encourage the spread of administrative monopoly inevitably, harm the market competitors' production enthusiasm, deviate from the scientific development idea, and finally affect the cultivation of the market competitive power, the perfection of the market competition order, and the protection of fair market competition. Therefore, it is of great positive significance to design administrative monopoly legal liability, analyze it in detail and define the form of administrative monopoly legal liability.Thus, through comprehensive studies and thoughts over the present situation of our country's administration monopoly legal liability legislation, together with the comparison and dialectical methods, this dissertation has analyzed the harmfulness of administrative monopoly and justified the necessity and urgency of designing legal liability of administrative monopoly. Through the analysis of the nature of administrative monopoly legal liability and the present legislation andenforcement status of administrative monopoly legal liability, the author has reconstructed the system of our country's administrative monopoly legal liability and proposed relevant suggestions for the legislation. At the same time, the overseas experience in this field and reality of our country are largely referred to. This dissertation focuses on the development of our country's market-oriented economy and also provides several reference suggestions for the deepening of this theory in our country tentatively.The dissertation consists of four parts.1. The analysis of the present situation of administrative monopoly legal liability in our country. In this part ,the author analyze the present legislation and enforcement situation of administrative monopoly legal liability in our country.2. The analysis of the present situation of administrative monopoly legal liability in our country. First is the necessary analysis of regulate administration monopoly, including the administrative monopoly illegal essence, the hazardous analysis and the regulation of administrative monopoly, afterwards, the understanding of administrative monopoly legal liability, third the author analyze the character of administrative monopoly legal liability, finally the question of our country's administration monopoly legal liability was analyzed.3. The compared research of overseas system of administrative monopoly legal liability is analyzed . In this part, the system of overseas administrative monopoly legal liability is analyzed firstly, then the enforcement situation of overseas administrative monopoly legal liability is summarized, and thirdly, the basic experience of overseas administrative monopoly legal liability is concluded.4. The reconstruction of our country's administrative monopoly legal liability. In this part, firstly, the suitability of setting administrative monopoly legal liability is analyzed, then the detailed construction of administrative monopoly legal liability is emphasized, and at last, the relevant measures guaranteeing the realization of administrative monopoly legal liability is proposed.