The Root Of Chinese Administrative Monopoly And The Law In Legislation

Administrative monopoly is one kind of illegal monopoly,the most superior method tocontrol the illegal monopoly is law．Therefore,after understanding the administrativemonopoly's consequence,establishing a legal control system,which takes the antimonopolylaw as the core,the counter administrative monopoly for the key,is the elementary mentalityof the article．Centers on this proposition,the author starts from the administrative monopoly'sconcept and character,then analyzes the immediate cause and the historical root．After that,it proves adjustment mechanism of the administrative monopoly law．Finally,the authorproposes the conception of consummating our country's administrative monopoly legalregime．This article first carries on the analysis to our country administrative monopoly presentsituation and the hazardous nature,as the article's elaboration foundation is,then launches theresearch in view of our country's phenomenon and the existence root．There are two level rootsof the administrative monopoly: for the direct stratification plane,the administrative organreceives the benefit actuation abuse of authority is the primary cause,and the objective reasonis legislating not perfectly,incapable law enforcement and the imperfect system．As for indepthreason,the traditional culture is a essential factor,and we can analysis it from twoangles of official and folk culture．Otherwise,the benefit contradictory in the reform has alsocaused administrative monopoly multiplying with the spread．From giving power-controlled theory and value theory of the counter-administrativemonopoly,this article analyzes the reason of regulations and then proposes severaloperational suggestions about it．As for the flaw in the legislation,the law enforcement and the judicature,the articleproposes the key to this situation,which is hoped that it can give some help in solving theactual problem．...