On The Legal Regulation Of Administrative Monopoly

The market economy of China comes from traditional and highly centralized planned economy. So the question of monopoly is mainly administrative monopoly. From a comparative and historical point of view, the author analyzes administrative monopoly and the legal regulations with four chapters in this full text.The first chapter concentrates on the concepts of administrative monopoly. Based on the analysis of different attitudes of scholars, the author points out that administrative monopoly is an illegal state or act that the administrative subjects(excluding the State Council, central government) abuse of administrative power and the implementation of the exclusion, restriction of market competition. To better understand this concept, we should clear out some issues concerned: the executive subjects of administrative monopoly include all the administrative subjects except the State Concil; the administrative monopoly is an illegal act; the administrative monopoly is mainly an abstract administrative behavior; the administrative monopoly is an abuse of administrative power in the essence; an important feature of administrative monopoly is its close relation with the administrative power.The second chapter, in light of China's national condiction, puts forward a view to regulate administrative monopoly by an integrative method, on the basis of the analysis of advantages and disadvantages of different regulating methods, directing towards the current academic views on the control of administrative monopoly. And proposes an analytic demonstration from the function of legal regulation and the regulating theory and practices of the control of administrative monopoly. The author particularly studies and makes a brief analysis on the administrative monopoly legal regulation profile of the market economy developed countries and countries in transition. The process of economic development of China has much in common with the countries in transition which usually has direct regulation on administrative monopoly, therefore a good many referential experience must be considered by us.The third chapter mainly introduces the current situation and the deficiencies in China. Firstly, the author introduces China's relevant laws and regulations and the common academic perception on administrative monopoly. Then makes an analysis on the deficiencies on the regulations and laws on this issue, putting emphasis on the defects of the just-promulgated anti-monopoly law, pointing out that there are still some problems in this act such as the range of administrative monopoly subjects is not clearly regulated the exemption of the national monopoly industries is too broad, anti-monopoly executive agencies are too scattered, the blame on the administrative monopoly is too light and the way is too narrow for the victims to lodge a complaint.The fourth chapter primarily puts forward some suggestions on the perfection of regulating the administrative monopoly in our country. Based on China's national conditions and the experiences of foreign countries especially the ones in transition as a source of reference, the author points out that the laws and regulations on anti-administrative monopoly is such a systemic work that should be considered through the connection with the relevant clauses of Constitution, Administrative Law and Economic Law to set up a complete legal system to regulate the administrative monopoly. The system of examination and remedy on it should be set up and completed, the accountability mechanism should be strengthened, an anti-monopoly executive agency with high authority and independence should be set up. The agency must be given the jurisdiction of administrative monopoly and strengthened its means of executing. And there need to be a anti-administrative monopoly executive group with high quality. All the suggestions above are conducted to solve the predicament in the execution of anti-administrative monopoly.