On Anti-trust Regulations Of Administrative Monopoly

Administrative monopoly is an illegal action which harms competition in the market seriously. It has long been great problem of our market economic development. Establishing and perfecting the socialist market economy, our country need to build a sound market competition order. How to get rid of administrative monopoly has been an important task of jurisprudence. The 29th conference of Standing Committee of the 10th National People's Congress approved the Law of Anti-monopoly on 30th, August,2007. There is a chapter of the Act provides for administrative monopoly in the law. It shows the right attitude toward the prohibition of administrative monopoly. However, there are serious deficiencies in the Act provides for administrative monopoly problems. How should Anti-monopoly law regulate the administrative monopoly? This issue remains the need for intensive study.The purpose of this paper is on the basic theory of the administrative monopoly and on the on the developed market economies, as well as other countries in transition to a mature theory, legislative experience and discuss in a serious analysis of China's administrative monopoly, to explore improve in line with our The administrative monopoly of the national anti-trust regulatory mechanisms. The article is divided into three sections. Part one discusses the basic theory of the administrative monopoly, the author detailed introduces the concept, nature, feature, constitute,cause and hazard. Part two is about the theory and practice of anti-administrative monopoly in other countries, mainly on America, European Economic Community and Russian and simian and difference of statutory regulation of administrative monopoly of the difference countries, and on that basis, trying to find out the proper way to regulate the administrative monopoly in China. Part three is about the research of the problem of administrative monopoly in China. The author elaborates the quo state and questions of statutory regulations, and on the basic, perfects the Anti-trust regulations of administrative monopoly.