Study On The Legal Regulation Of Administrative Monopoly Behavior In Government Special Licensing

On the basis of the definition of 'administrative monopoly behavior' in anti-monopoly law and delimitation of 'government special licensing' in administrative license law, we have defected that administrative monopoly behavior will be formed, once government special licensing is being distorted or abused. There is a possibility of transformation between these two conceptions, which are directly opposite on value orientation: a distort government special licensing may degenerate into administrative monopoly behavior; accordingly, the latter also may become a new style of the former one, since it has the characteristic of variability. And as a new method of administrative allocation of state resources, it is probably that the government special licensing is abuse as administrative monopoly behavior, without the special legal regulations for it.At first, according to the definition and classification of administrative license in administrative license law, the author uses the legal sample analytical method, to analyze the actual effect of the administrative license law, from three aspects: the execute subject, the allocation object, and the item extension of government special licensing, thereafter, put forward a point of view that there are status that the administrative action of abused government special licensing induce the formation of illegal monopolistic situation in the government special licensing fields.Secondly, on the basis of the delimitation of 'government special licensing' in administrative license law, the author define the nature of 'the administrative action of abused government special licensing induce the formation of illegal monopolistic situation in the government special licensing fields' in terms of 'administrative monopoly behavior'. Moreover, according to the reviewing of Chinese legal literature of anti- administrative monopoly behavior, the author consider that administrative monopoly behavior bears variability.Thirdly, according to the original intention of legislation and comparing with relative conception, the author makes a theory constructing about the government special licensing, and put forward a point of view that the characteristic of government special licensing is a method of administrative allocation of state resources. The object of this allocation method is the state resource that is of limited, public and economic nature.At last, on the basis of the above study, including the research on the definement of abused administrative power to eliminate or restrict competition and the variability thereof, and the theory system of government special licensing, the author considered that it must be build on the foundation of anti-monopoly law, and establish democratic and dynamic power control mode corresponding to the variability of administrative monopoly behavior, to regulate the administrative monopoly behavior in the government special licensing fields.