Administrative Monopoly Regulation In The Framework Of Anti-monopoly Law

Fair and regular competition is the core and soul of market economy. Administrative monopoly refers to illegal administrative acts of administrative institutions and their subordinate bodies. They use forcible means to exclude or restrict-competition, and wreck competitive relations in socialist market economy or immensely endanger market competition. Current immature socialist market economic system, administrative power exercised in economic field and invalid control mechanism of administrative power likely leads to Tower Rent-Seeking' or administrative monopoly. Therefore, the method of restricting competition in our economic life isn't economic monopoly, but administrative monopoly. It harms not only competitive orders but also economic freedom, and results low social economic benefit, breeds corruption, damages social fairness or governmental prestige and obstructs our process of entering economic globalization after joining WTO. As it were, removing administrative monopoly is the prerequisite for construction and development of market economy. Nowadays, although there are some related laws or rules, such as "Ten Clauses of Competition' and "Law of the People's Republic of China Against Competition by Inappropriate Means', regulating administrative monopoly by 'Anti-Monopoly Law' has been our first imperative because of many defects, such as disordered legal organizational structure, unsound responsibility system and weak legal enforcement agency. This year National People's Congress finally passed 'Anti-Monopoly Law' to regulate the administrative monopoly. 'Anti-Monopoly Law' should be based on the value goal of "maintaining fair and competitive system', definitely rule administrative monopoly and apply to construct an independent and authoritative special legal enforcement agency. in the basic of expounded the theory of anti-monopoly law and the principles of administrative monopoly, this paper analysis of administrative monopoly in China and the cause danger, Regulation of the anti-trust laws enacted the importance of administrative monopoly, in light of the new introduction of the "anti-monopoly" law on the regulation system of administrative monopoly from the legislative, judicial, law-enforcement aspects raised its suggestions.