Anti-monopoly Legal Regulation On Administrative Monopoly

Administrative monopoly has long history in China, as time goes by and the economic reform deepen, instead of being resolved, administrative monopoly has come stronger than ever. Currently administrative monopoly has its effect from product market to capital market, labour market and other productive element area. Administrative monopoly has hugely hindered the central government from reaching the aim of carry market economic reform forward, maximum benefit for the whole society.Being aware of the serious harmful consequence of administrative monopoly, in early 80' s, the State Council adopted , which clearly states the any local government and department shall not block their local market. Following up the central government further promulgated a series law and regulations to prevent administrative monopoly. Entering 90' s, it was reflected in reports of both the 14th and 15th Peoples Congress, that "the government is determined to break division, block and monopoly, promote and protect fair competition". At the beginning of the new century, "The People' s republic of China second five-year programmatic document" further raised issue of "break local market block, against local market protectionism, abolish regulations which hinders forming unified market", this shows the Community Party and the State Council are determined to break administrative monopoly.In the mean while, for a long period research and discussion has been undertaken in academic circle on how to control administrative monopoly, concept of administrative monopoly, its constitutive requirements, harm of administrative monopoly and strategy of controlling it. However, upon these questions there is not a unified opinion has be concluded. For example, it is argued that who shall form subject of administrative monopoly behaviour; there are also few opinions on how to regulate administrative monopoly, some views are that an independent anti-administrative monopoly law should be adopted; another opinion is administrative monopoly behaviour shall be regulated under an unified Anti-Monopoly Law; other viewers raised that it will not work if only depending on law to stop administrative monopoly as administrative monopoly has its root in the state system.In this article the author based on the currently research result, raises some of her own opinion on the questions relating to administrative monopoly and how to regulate it. The article is in three parts.Chapterâ… Sum up of administrative monopolyAnalyse concept of administrative monopoly. Through analysing reasons causing administrative monopoly to identify different administrative monopoly, particularly identify legal administrative monopoly and illegal administrative monopoly. Only illegal administrative monopoly is the object of anti-monopoly law.Chapterâ…¡Constitutive requirement and harm of administrative monopolyAnalyse three constitutive requirements of administrative monopoly in details: subject, administrative monopoly behaviour, administrative monopoly consequence. With regard "subject" given own comments on whether central institution, enterprise or institution which has administrative management right could form subject of administrative monopoly. Analyse harmful consequence administrative monopoly bring to country, society and consumers.Chapterâ…¢Anti-administrative monopoly law and regulationBased on the above two chapters, point our current situation of our legislation on anti-administrative monopoly and detect of it. Give the author's plan designed on how to regulate administrative monopoly: legislation of anti administrative monopoly law shall be with reference of the Constitution, taken the Anti-Monopoly Law as the basic law, added in special norm on anti-administrative monopoly. At the same time set up anti-administrative monopoly institution and relating responsibility.