On Administrative Monopoly And It's Regulation

As we all know, since the marketing economy of China has transferred from the highly centralized planned economy, the irrational interferece with the economic performing by the administrative power result in the administrative monopoly abused, and the process the economy's democratization has been destroyed. The anti-monopoly laws in effect has many problems, such as the loosed form, the empty theory, the distorted published measures, the unsuitable applying body, and the inability to control the administrative monopoly. All these make the legislation on anti- administrative monopoly urgent. This paper gives a more reasonable concept of the administrative monopoly after studying and summarizing the relative theories. That is"the action that the administrative power applying body abuse the power to exclude and limit competition."Then it analyzes its causes and harm, and discusses the necessary of the anti-administrative monopoly to control the administrative monopoly. In view of the insufficiency of the draft of anti-monopoly, such proposals were posed, including the setting of the organization of enforcing the law, legal responsibility of the administrative monopoly and the judicial relief.