The Regulation Of Administrative Monopoly

With the development of Chinese market economy, there are plenty of administrative monopoly conducts in our country, which has more effect than economic monopoly and has restricted the economy developing. More and more attention has been paid to this issue and deep researching has been made. But in many aspects there are still no verdicts, such as how to define the concept of administrative monopoly and how to regulate administrative monopoly. Chinese antimonopoly Law has been adopted by August 30, 2007. It's the biggest character of Chinese anti-monopoly law to set a special chapter to write the stipulation of administrative monopoly. The thesis is mainly about the regulation of administrative monopoly, using the means of concept analyzing, compare analyzing and theory analyzing, hoping to give some effective suggestions to the regulation of administrative monopoly.The thesis is divided into three parts. Chapter I is about the concept analyzing of administrative monopoly. After reviewing the definition of administration, the thesis defines administrative monopoly: viz. the monopoly formed by illegal actions of administrative organs in economic area. So the essence of administrative monopoly is the monopoly that depends on illegal acts of the administrative organs in the economic area. To make the concept more clearly, the thesis also analyses the character, types and classification of administrative monopoly, give a detailed explanation about the necessity of the regulation of administrative monopoly and the rationality to regulate administrative monopoly by using Anti-monopoly law and administrative law. Then the writer puts forward an important point of view that administrative monopoly should be regulated by Anti-monopoly law and administrative law jointly, and coordinating two laws will make the regulation effect more perfect.On the basis of well defining the concept, the second chapter analyzes the current law in which how to decode the rule of administrative monopoly. Firstly, The writer reference "Anti-unfair Competition Act", "Pricing Law", "Biding & Tendering Law" and "Anti-monopoly Law" how to define administrative monopoly act after researching the legislative present condition of combating administrative monopoly, then further analyze the advancement & deficiency of current Anti-monopoly Law to administrative monopoly acts. There are 6 deficiencies for current Antimonopoly Law:1, the supervision to administrative monopoly is not perfect and the administrative bodies who implement administrative monopoly acts have minor legal responsibility, without deterrent effect.2, abstract administrative monopoly acts rule can not be operated.3, the acts of administrative organ to limit competition is imperfect, many of the acts to limit competition aren't ruled.4, short of unified authoritative law enforcement agency.5, the object of administrative monopoly is limited in the goods trade area.On the basis of analyzing the current law and knowing about its deficiencies, the third chapter of the thesis is further explore the administrative monopoly regulation. Firstly, the writer introduces the international legislation and practicing experience to regulate administrative monopoly. Make emphasis on investigating the legislation and practice of the system transitional nations, such as Russia & Ukraine, and the developed countries such as America and Japan for regulating administrative monopoly. The thesis explores administrative law how to regulate administrative monopoly from three aspects:1, to delimit the scope of administrative power that meddles in the economy2, positive function of "Administrative License Law"3, the improvement of "Administrative Procedure Law"Secondly, making emphasis on exploring the abstract administrative monopoly action regulation from three aspects including regulation beforehand, file on record for audition and judicial review of abstract administrative monopoly action.At last, the writer offers some valuable suggestions on how to make legislation to regulate administrative monopoly:.1, definitely stipulate the principle & scope of administration to meddle in the economy in relevant economic administrative legislation.2, speed up the legislation process of "administrative procedure law"3, from the view of correctly exercising the administrative power, administrative monopoly must be controlled by supervising administrative action.4, to strengthen the administrative remedies system of the aggrieved person's right.5, the establishment of judicial review system should be speed up.6, legal responsibility should be made more perfect.7, the antimonopoly execution authorities should be further strengthened.