On The Comparison Of Counter-administive Monopoly Legislation

Administrative monopoly is a very stubborn disease in contemporary Chinese economic and administrative life, and also a big barrier that must be overcome in the process of constructing our country's market-oriented economy. But our country's present legislation does not deal with the present situation of administrative monopoly well. We must construct a complete counter-administrative monopoly law system, and control administrative monopoly efficiently. Administrative monopoly not only exists in China, but also some other economic structural reform countries, even those western countries whose market-oriented economy are highly developed. The controlling of administrative monopoly in these countries is realized by law. We should learn from overseas experience of regulating counter-administrative monopoly behaviors. Through the scientific research method of comparison and reference, of profit analysis and of argue analysis , this dissertation makes a comparison between Chinese and foreign counter-administrative monopoly legislation in the aspects of legislation styles of counter-administrative monopoly, manifestation of administrative monopoly, law enforcement agencies of counter-administrative monopoly and legal liabilities of administrative monopoly, and thus proposes detailed suggestions on the coming construction of our country's counter-administrative legislation system.Besides introduction and conclusion, this dissertation consists of seven parts.Part one mainly introduces the foundation of the comparison of counter-administrative monopoly legislation. On the basis, this part also introduces value orientation of counter-monopoly legislation in present world, which establishes a standard to the following parts. Administrative monopoly is a kind of monopoly;therefore the value orientation of counter-administrative monopoly legislation and counter-monopoly is the same.Part two introduces the comparison of legislation styles in different counties. As for the counter-administrative monopoly styles, economic restructuring countries adopt unified legislation style. At present, China has no counter- administrative monopoly law, and scholars favor Russian legislation style.Part three is the comparison of the manifestation of administration monopoly in different countries. In this part, the manifestation of administrative monopoly in typical countries and regions is listed and compared in deep. By comparison, the economic structural reform counties value counter-administrative monopoly legislation more.Part four introduces the comparison of counter-administrative monopoly law enforcement agencies. Because of the specialty of trade monopoly, this part makes a comparison only in the enforcement agencies of counter-trade monopoly. As for the enforcement agencies of non- trade administrative monopoly, the overseas agencies are more authoritative and powerful, while our country's agencies are relatively weak.Part five makes a comparison among the regulations of administrative monopoly legal liability stipulated by counter-monopoly law in different countries. The legal liability of administrative monopoly made by foreign countries includes civil liability, administrative responsibility and legal responsibility, while our country mainly regulates the administrative responsibility, and civil liability and legal responsibility are relatively deficient.Part six introduces the model significance of the basic experience of overseas counter-administrative monopoly legislation to our country. This part makes a summary of former analysis, points out the insufficiencies of overseas counter-administrative monopoly legislation, and finally proposes the references of overseas counter-administrative monopoly to our country in the aspect of counter-monopoly law, legal liabilities of administrative monopoly and enforcement agency.Part seven introduces the construction of our country's counter-administrative monopoly legislation system. Based on the former analysis and our country's practical situation, this part proposes the author's construction in the aspect of formulating counter-monopoly law, specifying the manifestation of administrative monopoly, constructing of the agencies of counter-administrative monopoly, and stipulating the legal liability of administrative monopoly.