On Legal Regulation Of Administrative Monopoly

Administrative monopoly is the administrative subject abuse the executive power or officiate the powers beyond its limits for exclusive control of the process of economic operation, exclusion, restriction or hamper legitimate competition in the market. The object of administrative monopoly is, from the micro perspective, about the legitimate rights of a natural person or corporation, while from the macro perspective is the normal market order for fair competition. Its objective elements include the abusing of administrative power or exceeding the limits of the power, or put real restrictions on competition in the market. Administrative monopoly features with ultra—economy, strong abstract and distinctive compelling. Among the administrative monopoly, economic monopoly, the state monopoly and natural monopolies, there are both connections and difference. Administrative monopoly is an illegal monopoly with great harm. It hampers the development of the market economy; disrupts production order of the market; breed corruption; damage the interests of consumers. Of course, the reason of its formation is very complex, including both structural factors and. Among them, the expansion of executive power and the factors driven by interests is the deep-rooted reasons of administrative monopoly formation and expansion.The development of the market economy and the rule of law called for the establishment of an effective regulatory system for administrative monopoly. Much of experiences can be learned from foreign law on the administrative monopoly, such as anti-monopoly law on administrative monopoly, regulatory system on the subject of the administrative power. In some of our own system of administrative monopoly legislation, there are many defects in the legislation, litigation and legal liability relief mechanism is particularly conspicuous flaws, yet to be complete.In order to perfect the country's anti-administrative monopoly, legal system anti-monopoly law as core must be established. Details as follows : Anti-monopoly legislation adopts the method of sumarry and list, mainly depends on list; Accelerate reformation and improve the administrative power operation mechanism; Regulate administrative monopoly through administrative procedures; Through administrative review, administrative litigation system, regulates the administrative monopoly. Of course in addition to attaching great importance to the concept of the regulatory system; in practice authority should establish a stable system, and regulate the specific operational procedures, facilitate administrative monopoly regulation.