The Research On Anti-trust Regulations Of Administrative Monopoly In China

Administrative monopoly in China is a prominent phenomenon, which is directly rooted in the abuse of executive power, executive power is a combination of power and economic monopoly. Compared with the economic monopoly,the administrative monopoly has much more harm to competition. The main point is that the government and its departments misuse the power to prevent the enterprises from competing. So ,the writer,in this article ,discusses the concept ,forms, harmful result and reasons to the administrative monopoly ,sets forth some opinions on making laws to restrict the administrative monopoly.Administrative monopoly is the abuse of executive power to intervene in the market competition order, it is not a unique phenomenon in China and other countries in transition, it also exists in some developed countries.First, the degree of marketization of China is immature, and the other is the executive power has not been effectively controlled, the problem is more prominent in China. Regulation of administrative monopoly is very difficult,as the market competition order to safeguard our country's fundamental law - the anti-monopoly law is not prohibited by administrative monopoly, it will undermine its role and efficiency.However,the regulations on abuse of administrative power to restrict competition is very complicated. The legislation as a way of changing the system and the public choice process, always subject to the relevant political, economic, social and environmental factors are subject to different interests and needs of the driver, any of the laws promulgated are the vital interests of the game And the compromise embodied in the law so that the law is full of wisdom and the arts, leaving behind a lot of room for the practice of law, but also for the effective implementation of anti-monopoly law constitutes a serious challenge. Of course, the law required the implementation of relevant laws to supporting the provisions and to add further details.The purpose of this paper is on the developed market economies, as well as other countries in transition to a mature theory, the typical case study of legislative experience and discuss in a serious analysis of China's administrative monopoly, as well as the causes of the status quo, and so on the basis of the specific situation to explore improve in line with our The administrative monopoly of the national anti-trust regulatory mechanisms with a view to China's anti-monopoly law can effectively regulate the system of administrative monopoly to provide useful lessons.The article is divided into four sections. Part one discusses the basic theory of the administrative monopoly;part two analyses legislative situation of the practical laws and regulations on restricting the administrative monopoly;part three is about the theory and practice of anti-administrative monopoly in other countries,and on that basis, trying to find out the proper way to regulate the administrative monopoly in China;part four is about the solution to the problem of administrative monopoly in China.