On The Conflict Of The Administrative Monopoly With WTO And The Legal Countermeasure

The administration monopoly destroys the unity of the market, encroaches on the legal power of management of the market subject, interferes with the reform of the political system, disturbs administrative order of the country, and influences the construction of socialism spiritual civilization. After acceding to WTO, our country's primary task is to open the domestic market according to the rules of WTO and our country's undertaking, and finally to form the pattern of status equality and free competition between overseas enterprises and domestic enterprises. The Principles of Liberalization of Trade, the Transparency Principle, the Fair Play principle and other rules of WTO will all apply to the market economy of our country, which requires China to establish relevant competition systems to guarantee the economic operation and make this system in conformity with WTO rules.However, at present the conflicts of administration monopoly with basic principles and concrete regulations of WTO are rather common in China, which destroys the market order, and will inevitably influence our country's current politics, economic system and the organic combining of our country's systems with rules of WTO, thus weakening the competitive power of our country's enterprises in international market and finally hindering the market economic system reform of our country.Based on this understanding, we should regulate administrative monopoly and establish our competition policies and laws according to the legal principles of WTO, establish the basic principles of our competition law at the request of market economy, in order to formulate and improve the competition systems. Based on the analysis on the conflicts of the administrative monopoly actions occurring after China joining WTO with the principles and rules of WTO, the dissertation will put forward the countermeasures to improve our country monopoly legislation against the administrative monopoly.The full text is divided into three seals in all.Chapter one discusses the status in quo of administrative monopoly in China via three parts, namely the manifestation of administrative monopoly, the harm of administrative monopoly and the cause of formation of administrative monopoly. The author deems that the administrative monopoly in China is mainly represented as departmental monopoly, regional monopoly and administrative company. The administrative monopoly not only destroys the competitive order of the fair and consolidated market but also causes great harm to the interest of both consumers and the country. The status in qua of formation of administrative monopoly mainly roots in the nation's powers expanding excessively under planned economy system, departmental and regional interests standing out, and inadequate consummation of institutional supervision.Chapter two discusses the conflicts between administrative monopoly and WTO regulations, including the conflicts of administrative monopoly with the non-discrimination principle, the free trade principle, and transparency principle, thus indicating that the administrative monopoly is against the grain of the world economy development trend and our country's socialism economy. Depending on the country's powers, the administrative monopoly monopolizes the market, grasps at high profit and rejects outsider capital, which maximally damages the market order with fair competition. The author compares the fundamental requirements of WTO principles with the concrete manifestations of administrative monopoly, and deems that the contorted market order is an abnormal resource collocation mode, which is much harmful to our country's market economy construction and must be regulated accordingly as soon as possible.Chapter three expatiate the legal countermeasures to regulate administrative monopoly after China's accession to the WTO. Based on the understanding of administrative monopoly and its conflicts with the principles of WTO, this section mainly focuses on the practical countermeasures to regulate the administrative monopoly in China. It is necessary that an anti-monopoly law conforming to China situation be formulated at first to regulate the administrative monopoly. As for the concrete system construction, it shall include the meaning and extension of administrative monopoly and relevant legal liabilities, setting up specificantitrust law enforcement agency. In judicial practice, the judicial reviewing system should be improved on administrative monopoly, especially extending the scope of supervision on administrative powers in administrative lawsuits, so as to provide institutional support for the proper operation of socialism economy system.