Administrative Monopoly Law Rules And Regulations Research

From the 1980s, our country starts the reform and open policy, first is the economic restructuring, has yielded the substantial result, also had the little problem; Then is the political system reform, in suffers the very big resistance in the situation, also has obtained the certain result. In the reform process, the central authorities continuously devote to the social whole benefit maximization; But because each reform determination not on own initiative touched certain aspects benefits, causes the economic restructuring to be very difficult to be thorough, the political system reform walks with difficulty; These prominently displays for the administrative monopoly question to our country economy puzzle, pesters, is in power the order intervention to our country, the destruction. The administrative monopoly question has seriously hindered our country economy the further development, the depth corroded our country political order, the ruling foundation. The administrative monopoly is the authority monopoly in fact, is the national male authority to the economical aspect private right limit and the harm, is the authority lacks the restriction, the surveillance result, is one of not good consequences which our country political system reform and the economic restructuring has not been able synchronization to carry on.The author in absorbs the predecessor research results in the foundation, obtains from the analysis administration monopoly concept launches the elaboration, how to solved the administrative monopoly problem to propose own view that was is clear about the authority, the control authority, the inspector general and the restriction authority. About the administrative monopoly connotation extension, has wide divided opinions.The author believed that, the administrative monopoly is the national public authority owner, the performer for achieved the certain goal or obtains the hindrance, the limit, the repel which the certain benefit implements, forbids the market competition the behavior, the administrative monopoly is the public authority to the market competition hindrance, the limit, the repel, the prohibition behavior, is the public authority to the market competition one kind of destruction, is the authority to the fair competition right violation. The administrative monopoly both has the administration, and has the efficiency, the administrative monopoly should not purely depend on the counter- monopoly law to regulate.The author in the first chapter, mainly introduced the administrative monopoly the concept characteristic, elaborated the state monopoly and other forms administrative monopolies, the administrative monopoly and the economical monopoly relations. Compares predecessor's research results after the summary, proposed own view to the administrative monopoly concept; Summarized the administrative monopoly characteristic concurrently administration and the efficiency, and by administration primarily; Mainly divides into the state monopoly the administrative monopoly (legal monopoly), the local monopoly (place monopoly), the department monopolizes (profession monopoly), the administration forces the behavior four kind of types. In the second chapter, mainly elaborated the administrative monopoly harm and the origin. The author has pointed out administrative monopoly each kind of not good consequence. If hinders the nation to unify the big market the formation, creates the economical development uncoordinated, the region and the industrial structure is unreasonable, not reasonably causes the social resources disposition, the economic efficiency to be low, the income assignment is not equal, causes the political corruption, affects the ruling foundation. The author mainly from the political factor, the benefit factor, the system factor, the historical factor, the legal factor five aspects elaborated the administrative monopoly formation reason. After analyzed each kind of reason which the administrative monopoly formed to obtain the conclusion (?)(?)authority content and the nature is not clear about, the authority localization is biased, the authority has not supposed the boundary and the forbidden area, the authority lacks the restriction and the surveillance is the administrative monopoly has, the existence, the development proliferation basic reason. In the third chapter, the author elaborated our country counter- administration monopoly legislation present situation, and carried on to the existence question carefully has analyzed. The author thought the present counter- administration monopoly legislation existence the question lies in three aspects. One is the rules and regulations administration monopoly legislation insufficient system, has the mutual contradiction phenomenon; Two is saction on administrative monopoly light, may operational not strong, the effect be low; Three is the counter- administrative monopoly cognizant agency establishment is unreasonable. The author in the fourth chapter, has carried on the ponder to our country counter- administration monopoly legislation question, put forward own proposal. The author pointed out the solution administration monopoly question the basic method lies in the authority restriction, the authority surveillance; Thought so long as straightened out the government and the market, administrative and judicial, the official and the authority and the benefit relations, the administrative monopoly will collapse of itself. But as a result of our country specific politics culture tradition, current could in a shorter time the rules and regulations administration monopoly, obtain the result the way still was legislates, should formulate can thoroughly eradicate the administrative monopoly question the law. In order to cause a series of extant counter- administrative monopoly law to obtain the actual effect, must carry on other necessary action. Most is important then further consummates the constitution, causes the constitution judicature, enable the constitution to have may be operational, namely standard, controls the power, may sue the nature. Meanwhile to "Legislation Law", "Constitutive law", "Administrative Procedural law", "Administration Reconsiders Law", "National Compensation Law", "Criminal law" and so on carries on the revision or the adjustment.