Basic Question Research To The Contemporary China Administrative Monopoly

Administrative monopoly is the product of contemporary China society system reforming.Its existence heavily damaged the market's free competition,harmed the social public interest,and hindranced our country socialist market economy system's establishment,and in current it is in flood day by day,so it should be regulated by legislation. However recent "Antimonopoly law" draft deletes completely the counter- administrative monopoly chapter content for the reason of "Lies in politics economic system actually by the administrative monopoly root," Antimonopoly law "is insufficient to undertake heavy responsibility of the counter- administrative monopoly" . The author holds the negative manner regarding this,and thought the administrative monopoly root no doubt lies in politics economic system, the administrative monopoly eradicates thoroughly is decided by politics economic restructuring arriving, But it does not mean the law does not affect to the administrative monopoly. The legal rules and regulations may also have to the administrative monopoly question solution display significant function.The legal rules and regulations must take the constitution as the main item, by explicitly stipulated the counter- administrative monopoly "Antimonopoly law" is a core, take administrative law, criminal law and procedural law as necessary,so as to construct a set of effective administrative monopolies law rules and regulations system. In order to provides the enough foundation to this viewpoint, this article in turn to the administrative monopoly concept, the harm, the manifestation as well as the origin and so on the basic question did has been detailed but the comprehensive analysis elaboration.Because this article involves to the economical legal science, the jurisprudence, the law economic as well as the sociology and so on many disciplines, therefore has utilized the diverser research technique, including comparative analysis method, economic chart of symbols analysis method, illustration law, legal principle theory of law analysis method, induction inference method, deduction analysis method and so on.This article altogether divides into five parts: The first part introduced the administrative monopoly foundation concept, pointed out the administrative...